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, 26367-26372 [07-2267]
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
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
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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
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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?
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
What Definitions Are Used In These
Guidelines?
When And Where Must A State Submit Its
Compliance Report On Government
Underground Storage Tanks?
How Will States Demonstrate Compliance
With These Guidelines?
How Must A State Ensure The Quality Of Its
Government Underground Storage Tanks
Report Data?
How Will EPA Enforce States’ Compliance
With The Requirements In These
Guidelines?
For More Information on the Government
Underground Storage Tanks Compliance
Report Grant Guidelines
Background About The Energy Policy Act Of
2005
Appendix—Inspection Requirements Of The
Energy Policy Act: Determining Which
Underground Storage Tanks Have
Undergone An Inspection Since
December 22, 1998 (June 8, 2006 EPA
Memorandum)
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Overview of the Government
Underground Storage Tanks
Compliance Report 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 provision in Section
9003(j) 1 of the Solid Waste Disposal
Act, 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 (b) of Section 1526 of the
Energy Policy Act amends Subtitle I of
the Solid Waste Disposal Act by
requiring states that receive Subtitle I
funding to report on the compliance
status of their government-owned and/
or -operated underground storage tanks
(UST). EPA must require each state that
receives funding under Subtitle I to
submit a state compliance report on
government underground storage tanks
no later than two years after the date of
enactment of the Act. States must
submit their compliance reports to the
EPA Administrator. The Administrator
will make the reports available to the
public. The law specifies that each state
report:
1. List the location and owner of each
underground storage tank regulated
under Subtitle I and owned or operated
by the federal, state, or local
governments in the state that, as of the
date of submission of the report, is not
in compliance with Section 9003;
2. Specify the date of the last
inspection; and
3. Describe the actions that have been
and will be taken to ensure compliance
1 This provision, originally identified as 9003(i)
in the Energy Policy Act, was changed to 9003(j) in
Public Law 109–168, January 10, 2006.
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of the government underground storage
tank listed.
When Do These Guidelines Take Effect?
States must submit reports to EPA on
or before August 8, 2007. This is a onetime report required under Subsection
(b) of Section 1526 of the Energy Policy
Act.
To Whom Do These Guidelines Apply?
Any state receiving Subtitle I funding
must submit to EPA a state compliance
report on government underground
storage tanks.
Requirements for the Government
Underground Storage Tanks
Compliance Report
What Must a State Compliance Report
on Government Underground Storage
Tanks Include?
A state compliance report on
government underground storage tanks
must provide the following information
for each noncompliant federal-, state-,
and local-government underground
storage tank in its jurisdiction:
1. The location and owner of each
government underground storage tank 2
that, as of the date of submission of the
report,3 is not in compliance with 40
CFR Part 280 or with state requirements
that are part of a state underground
storage tank program EPA has approved
under the state program approval (SPA)
procedures. At a minimum, states must
include the owner’s name; UST
identification number(s); facility
address(es); and city, county, state, and
zip code. The compliance determination
should be based on the following areas:
• 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.
2 If a state is unable to separate violations on a
tank-by-tank basis, the state may list all tanks at the
facility.
3 In order to provide each state agency adequate
time to meet the August 8, 2007, reporting submittal
deadline, each state should base its noncompliance
determination cutoff on the date that its report was
submitted for final review.
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• Secondary containment where
required.
• Financial responsibility.
• Temporary closure.
If a state is reporting compliance
based on a determination pursuant to
requirements that are more stringent
than subtitle I, the state should identify
and may list its more stringent
requirements.
2. The date of the last on-site
inspection that was used to identify
each noncompliance underground
storage tank. Alternatively, for
compliance monitoring activities that
occurred prior to August 8, 2005, states
may report the date for the last
compliance monitoring activity as
described in the June 8, 2006, EPA
memorandum (see Appendix).
3. The actions that have been and will
be taken to ensure the compliance of
each noncompliant underground storage
tank identified. Note: States are not
expected to divulge enforcement
confidential information in the report.
States may submit their reports in
whatever format they deem appropriate.
What Definitions Are Used in These
Guidelines?
On-site inspection is defined in these
guidelines as an inspection that is:
• On-site;
• Conducted by a state, local (when
contracted or delegated by a state), EPA,
or certified third-party inspector; and
• Sufficient to determine compliance
with federal underground storage tank
requirements in Subtitle I or state
requirements that are part of a state
underground storage tank program EPA
has approved under the SPA procedures
in 40 CFR Part 281.
Local government shall have the
meaning given this term by applicable
state law. The term is generally
intended to include: (1) Counties,
municipalities, townships, separately
chartered and operated special districts
(including local government public
transit systems and redevelopment
authorities), and independent school
districts authorized as governmental
bodies by state charter or constitution;
and (2) Special districts and
independent school districts established
by counties, municipalities, townships,
and other general purpose governments
to provide essential services.Operator is
defined in 40 CFR 280.12 (https://
www.epa.gov/oust/fedlaws/
280_a.pdf).Owner is defined in 40 CFR
280.12 (https://www.epa.gov/oust/
fedlaws/280_a.pdf).Underground
Storage Tank (UST) has the same
meaning as defined in 40 CFR 280.12,
except it does not include those tanks
identified in 40 CFR 280.10(b) and
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280.10(c) as excluded or deferred
(https://www.epa.gov/oust/fedlaws/
280_a.pdf).
How Must a State Ensure the Quality of
Its Government Underground Storage
Tanks Report Data?
When and Where Must a State Submit
Its Compliance Report on Government
Underground Storage Tanks?
To the maximum extent practicable,
states must provide accurate and
complete data to EPA. States must use
quality assurance practices that will
produce data of quality adequate to
meet project objectives and minimize
reporting of inaccurate data.
Each state that receives Subtitle I
funding must submit its government
underground storage tanks compliance
report to the EPA Administrator on or
before August 8, 2007.
The state report should be sent to the
U.S. EPA Administrator. The mailing
address is: Administrator, Attn: State
Government UST Compliance Report
Submittal, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., MC 0001, Washington,
DC 20460–0001. An electronic submittal
can be e-mailed to
Johnson.Stephen@epa.gov with the title
‘‘Submittal of State Government UST
Compliance Report’’ in the subject field.
How Will States Demonstrate
Compliance With These Guidelines?
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After August 8, 2007, and before
receiving future grant funding, each
state must provide one of the following
to its EPA Regional Office.
1. If a state has submitted its
compliance report to the EPA
administrator, nothing more needs to be
submitted, or
2. For a state that has not yet
submitted its compliance report, a
document that describes the progress
that the state has made so far, the plans
for future efforts to complete the
compliance report, and the date by
which the state expects to meet the
requirements.
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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 on the
Government Underground Storage
Tanks Compliance Report Grant
Guidelines
Visit the EPA Office of Underground
Storage Tanks Web site at www.epa.gov/
oust or call 703–603–9900.
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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.
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
26372
Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
Dated: May 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. 07–2267 Filed 5–8–07; 8:45 am]
BILLING CODE 6560–50–C
ENVIRONMENTAL PROTECTION
AGENCY
[EPA-HQ-OPP-2006-0936; FRL-8121-5]
Notice of Filing of Pesticide Petitions
for Residues of Pesticide Chemicals in
or on Various Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces the
initial filing of pesticide petitions
proposing the establishment or
modification of regulations for residues
of pesticide chemicals in or on various
commodities.
DATES: Comments must be received on
or before June 8, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA-HQ-OPP-2006-0936 and
the pesticide petition number (PP) of
interest, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305-5805.
Instructions: Direct your comments to
the assigned docket ID number and the
pesticide petition number of interest.
EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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18:12 May 08, 2007
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Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available electronically at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Bldg.), 2777
S. Crystal Dr., Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: The
person listed at the end of the pesticide
petition summary of interest.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
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affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed at the end of the
pesticide petition summary of interest.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD-ROM that
you mail to EPA, mark the outside of the
disk or CD-ROM as CBI and then
identify electronically within the disk or
CD-ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
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]]>Agencies
[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26367-26372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2267]
-----------------------------------------------------------------------
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
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 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 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 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?
[[Page 26368]]
What Definitions Are Used In These Guidelines?
When And Where Must A State Submit Its Compliance Report On
Government Underground Storage Tanks?
How Will States Demonstrate Compliance With These Guidelines?
How Must A State Ensure The Quality Of Its Government Underground
Storage Tanks Report Data?
How Will EPA Enforce States' Compliance With The Requirements In
These Guidelines?
For More Information on the Government Underground Storage Tanks
Compliance Report Grant Guidelines
Background About The Energy Policy Act Of 2005
Appendix--Inspection Requirements Of The Energy Policy Act:
Determining Which Underground Storage Tanks Have Undergone An
Inspection Since December 22, 1998 (June 8, 2006 EPA Memorandum)
Overview of the Government Underground Storage Tanks Compliance Report
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
provision in Section 9003(j) \1\ of the Solid Waste Disposal Act,
enacted by the Underground Storage Tank Compliance Act, part of the
Energy Policy Act of 2005 signed by President Bush on August 8, 2005.
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\1\ This provision, originally identified as 9003(i) in the
Energy Policy Act, was changed to 9003(j) in Public Law 109-168,
January 10, 2006.
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Subsection (b) of Section 1526 of the Energy Policy Act amends
Subtitle I of the Solid Waste Disposal Act by requiring states that
receive Subtitle I funding to report on the compliance status of their
government-owned and/or -operated underground storage tanks (UST). EPA
must require each state that receives funding under Subtitle I to
submit a state compliance report on government underground storage
tanks no later than two years after the date of enactment of the Act.
States must submit their compliance reports to the EPA Administrator.
The Administrator will make the reports available to the public. The
law specifies that each state report:
1. List the location and owner of each underground storage tank
regulated under Subtitle I and owned or operated by the federal, state,
or local governments in the state that, as of the date of submission of
the report, is not in compliance with Section 9003;
2. Specify the date of the last inspection; and
3. Describe the actions that have been and will be taken to ensure
compliance of the government underground storage tank listed.
When Do These Guidelines Take Effect?
States must submit reports to EPA on or before August 8, 2007. This
is a one-time report required under Subsection (b) of Section 1526 of
the Energy Policy Act.
To Whom Do These Guidelines Apply?
Any state receiving Subtitle I funding must submit to EPA a state
compliance report on government underground storage tanks.
Requirements for the Government Underground Storage Tanks Compliance
Report
What Must a State Compliance Report on Government Underground Storage
Tanks Include?
A state compliance report on government underground storage tanks
must provide the following information for each noncompliant federal-,
state-, and local-government underground storage tank in its
jurisdiction:
1. The location and owner of each government underground storage
tank \2\ that, as of the date of submission of the report,\3\ is not in
compliance with 40 CFR Part 280 or with state requirements that are
part of a state underground storage tank program EPA has approved under
the state program approval (SPA) procedures. At a minimum, states must
include the owner's name; UST identification number(s); facility
address(es); and city, county, state, and zip code. The compliance
determination should be based on the following areas:
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\2\ If a state is unable to separate violations on a tank-by-
tank basis, the state may list all tanks at the facility.
\3\ In order to provide each state agency adequate time to meet
the August 8, 2007, reporting submittal deadline, each state should
base its noncompliance determination cutoff on the date that its
report was submitted for final review.
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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.
If a state is reporting compliance based on a determination
pursuant to requirements that are more stringent than subtitle I, the
state should identify and may list its more stringent requirements.
2. The date of the last on-site inspection that was used to
identify each noncompliance underground storage tank. Alternatively,
for compliance monitoring activities that occurred prior to August 8,
2005, states may report the date for the last compliance monitoring
activity as described in the June 8, 2006, EPA memorandum (see
Appendix).
3. The actions that have been and will be taken to ensure the
compliance of each noncompliant underground storage tank identified.
Note: States are not expected to divulge enforcement confidential
information in the report.
States may submit their reports in whatever format they deem
appropriate.
What Definitions Are Used in These Guidelines?
On-site inspection is defined in these guidelines as an inspection
that is:
On-site;
Conducted by a state, local (when contracted or delegated
by a state), EPA, or certified third-party inspector; and
Sufficient to determine compliance with federal
underground storage tank requirements in Subtitle I or state
requirements that are part of a state underground storage tank program
EPA has approved under the SPA procedures in 40 CFR Part 281.
Local government shall have the meaning given this term by
applicable state law. The term is generally intended to include: (1)
Counties, municipalities, townships, separately chartered and operated
special districts (including local government public transit systems
and redevelopment authorities), and independent school districts
authorized as governmental bodies by state charter or constitution; and
(2) Special districts and independent school districts established by
counties, municipalities, townships, and other general purpose
governments to provide essential services.Operator is defined in 40 CFR
280.12 (https://www.epa.gov/oust/fedlaws/280_a.pdf).Owner is defined in
40 CFR 280.12 (https://www.epa.gov/oust/fedlaws/280_a.pdf).Underground
Storage Tank (UST) has the same meaning as defined in 40 CFR 280.12,
except it does not include those tanks identified in 40 CFR 280.10(b)
and
[[Page 26369]]
280.10(c) as excluded or deferred (https://www.epa.gov/oust/fedlaws/
280_a.pdf).
When and Where Must a State Submit Its Compliance Report on Government
Underground Storage Tanks?
Each state that receives Subtitle I funding must submit its
government underground storage tanks compliance report to the EPA
Administrator on or before August 8, 2007.
The state report should be sent to the U.S. EPA Administrator. The
mailing address is: Administrator, Attn: State Government UST
Compliance Report Submittal, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., MC 0001, Washington, DC 20460-0001. An
electronic submittal can be e-mailed to Johnson.Stephen@epa.gov with
the title ``Submittal of State Government UST Compliance Report'' in
the subject field.
How Will States Demonstrate Compliance With These Guidelines?
After August 8, 2007, and before receiving future grant funding,
each state must provide one of the following to its EPA Regional
Office.
1. If a state has submitted its compliance report to the EPA
administrator, nothing more needs to be submitted, or
2. For a state that has not yet submitted its compliance report, a
document that describes the progress that the state has made so far,
the plans for future efforts to complete the compliance report, and the
date by which the state expects to meet the requirements.
How Must a State Ensure the Quality of Its Government Underground
Storage Tanks Report Data?
To the maximum extent practicable, states must provide accurate and
complete data to EPA. States must use quality assurance practices that
will produce data of quality adequate to meet project objectives and
minimize reporting of inaccurate data.
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 on the Government Underground Storage Tanks
Compliance Report 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 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.
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Dated: May 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 07-2267 Filed 5-8-07; 8:45 am]
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