Operator Training Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, 44523-44528 [E7-15493]
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Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
is a request for a temporary exemption
from the requirement of a tolerance
without numerical limitations, no
analytical method is required. Contact:
Alan Reynolds, telephone number: (703)
605–0515; e-mail address:
reynolds.alan@epa.gov.
B. Amendment to Existing Tolerance
Exemption
PP 7E7205. (EPA–HQ–OPP–2007–
0545). IR–4, Rutgers University, 500
College Road East, Suite 201W,
Princeton, NJ 08540, on behalf of
Arizona Cotton Research and Protection
Council, 3721 East Wier Ave., Phoenix,
AZ 85040–2933, proposes to amend the
tolerance in 40 CFR 180.1206 for
residues of the fungicide, Aspergillus
flavus AF36 to include a temporary
exemption from tolerance in or on the
food commodity corn. Because this
petition is a request for a temporary
exemption from the requirement of a
tolerance without numerical limitations,
no analytical method is required.
Contact: Shanaz Bacchus, telephone
number: (703) 308–8097; e-mail address:
bacchus.shanaz@epa.gov.
C. New Exemption from Tolerance
PP 7F7186. (EPA–HQ–OPP–2007–
0571). Falcon Lab, LLC., 1103 Norbee
Dr., Wilmington, DE 19803, (petition
submitted by Forster and Associates
Consulting, LLC, 230 Steeplechase
Circle, Wilmington, DE 19808),
proposes to establish an exemption from
the requirement of a tolerance for
residues of the biochemical pesticide,
Ammonium Salts of Fatty Acids, in or
on all food commodities. Because this
petition is a request for an exemption
from the requirement of a tolerance
without numerical limitations, no
analytical method is required. Contact:
Raderrio Wilkins, telephone number:
(703) 308–1259; e-mail address:
wilkins.raderrio@epa.gov.
List of Subjects
sroberts on PROD1PC70 with NOTICES
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 26, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E7–15485 Filed 8–7–07; 8:45 am]
BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8451–6]
Operator Training 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 EPA is issuing the operator training
grant guidelines for states that receive
underground storage tank (UST) funds
from EPA. In this notice, EPA is
publishing the operator training grant
guidelines in their entirety. In addition,
EPA will subsequently make the
guidelines available on EPA’s Web site.
EPA developed the operator training
grant guidelines as required by Section
9010 of Subtitle I of the Solid Waste
Disposal Act, as amended by Section
1524 of the Energy Policy Act of 2005.
DATES: EPA is notifying the public via
this notice that the operator training
grant guidelines are available as of
August 8, 2007.
ADDRESSES: In addition to publishing
the operator training grant guidelines
here, EPA will post the operator training
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 Operator Training Provision of the
Energy Policy Act of 2005 (EPA 510–R–
07–005, August 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
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44523
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 9010(a) and (b) of Subtitle I
of the Solid Waste Disposal Act, as
amended by Section 1524 of the Energy
Policy Act, require EPA to publish
guidelines that establish training
requirements for three distinct classes of
UST system operators and require states
to develop state-specific training
requirements consistent with the
guidelines. As a result of that
requirement, EPA worked with states
and other UST stakeholders to develop
the operator training grant guidelines. In
April 2007, EPA published in the
Federal Register a draft of the operator
training grant guidelines. EPA
considered comments and today is
publishing the operator training 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.) 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
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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 Operator Training Provision of the
Energy Policy Act of 2005, U.S.
Environmental Protection Agency; Office of
Underground Storage Tanks
Contents
Overview of Operator Training Grant
Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Operator Training Requirements
What Is Operator Training?
What Underground Storage Tank Systems Do
These Guidelines Apply to?
How Does a State Implement These
Guidelines?
Who Is Subject to Operator Training
Requirements and What Are the
Requirements?
When Must Operators Be Trained?
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What Training Approaches Would Meet the
Operator Training Requirements?
How May States Ensure All Operators Are
Trained in Accordance With These
Guidelines?
What Enforcement Authority Must States
Have for Operator Training?
How Will States Demonstrate Compliance
With These Guidelines?
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How Will EPA Enforce State’s Compliance
With the Requirements in These Guidelines?
For More Information About the Operator
Training Grant Guidelines
Background About The Energy Policy Act Of
2005
Appendix: The Three Operator Classes At A
Glance
Overview of Operator Training Grant
Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection
Agency (EPA), in consultation with
states, developed these grant guidelines
as required by the operator training
provision in Section 9010(a) 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 1524 of the Energy Policy Act
amends Subtitle I of the Solid Waste
Disposal Act by adding Section 9010.
Section 9010 requires EPA to publish
guidelines that specify training
requirements for three classes of
operators:
• Persons having primary
responsibility for on-site operation and
maintenance of underground storage
tank systems.
• Persons having daily on-site
responsibility for the operation and
maintenance of underground storage
tank systems.
• Daily, on-site employees having
primary responsibility for addressing
emergencies presented by a spill or
release from an underground storage
tank system.
Section 9010(a)(2) requires EPA to
consider:
• State training programs in existence
when the guidelines are published.
• Training programs that are being
used by tank owners and operators as of
August 8, 2005.
• The high turnover rate of tank
operators and other personnel.
• The frequency of improvement in
underground storage tank equipment
technology.
• The business in which tank
operators are engaged.
• The substantial differences in the
scope and length of training needed for
the three classes of operators.
• Such other factors as EPA finds
necessary to carry out Section 9010.
Section 9010(b)(2) also requires each
state receiving Subtitle I funding
(hereafter referred to as ‘‘state’’), to
develop state-specific training
requirements that:
• Are consistent with EPA’s
guidelines.
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• Are developed in cooperation with
tank owners and operators.
• Consider training programs
implemented by tank owners and
operators.
• Are appropriately communicated to
tank owners and operators.
In addition, Section 9010(c) requires
that all persons who are subject to the
operator training requirements specified
in these guidelines must:
• Meet the state-specific training
requirements.
• Repeat applicable requirements if
the tank for which they have primary
daily on-site management
responsibilities is determined to be out
of compliance with a requirement or
standard of 40 CFR part 280 or a
requirement or standard of a state
program approved under Section 9004.
EPA’s Office of Underground Storage
Tanks (OUST) is issuing these grant
guidelines to establish the minimum
requirements a state receiving Subtitle I
funding must meet in order to comply
with the operator training provisions of
the Energy Policy Act.
What Is in These Guidelines?
These guidelines describe the
minimum requirements a state’s
underground storage tank (UST)
program must contain in order for a
state to comply with the Section 9010
requirements for Subtitle I funding.
These guidelines include: a description
of the classes of operators; required
training for each class of operator;
deadlines when operator training is
required; and examples of acceptable
state approaches to operator training.
When Do These Guidelines Take Effect?
These guidelines are effective August
8, 2007.
Operator Training Requirements
What Is Operator Training?
Underground storage tank operator
training means any program that meets
the requirements of these guidelines.
Such a program is designed to ensure
knowledge regarding operating and
maintaining underground storage tank
systems.
What Underground Storage Tank
Systems Do These Guidelines Apply to?
These guidelines apply to
underground storage tank systems
regulated under Subtitle I, except those
excluded by regulation at 40 CFR
280.10(b) and those deferred by
regulation at 40 CFR 280.10(c).
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How Does a State Implement These
Guidelines?
A state implements these guidelines
by:
• Requiring operator training for all
operators in each class.
• Developing state-specific operator
training requirements consistent with
EPA’s guidelines by August 8, 2009.
State-specific operator training
requirements must:
• Be developed in cooperation with
tank owners and operators;
• Take into consideration training
programs implemented by tank owners
and tank operators; and
• Be appropriately communicated to
tank owners and operators.
• Establishing a procedure to identify
individuals who are required to be
trained under the operator training
requirements specified in these
guidelines.
• Ensuring all operators are trained in
accordance with these guidelines.
States may choose to be more
stringent than these minimum
requirements.
Who Is Subject to Operator Training
Requirements and What Are the
Requirements?
For purposes of implementing the
operator training requirements, these
guidelines establish three classes of
operators identified as Class A, Class B,
and Class C. Each underground storage
tank system or group of underground
storage tank systems at a facility must
have a Class A, Class B, and Class C
operator designated. All individuals
designated as a Class A, B, or C operator
must, at a minimum, be trained
according to these guidelines. Separate
individuals may be designated for each
class of operator described above or an
individual may be designated to more
than one of the above operator classes.
An individual who is designated to
more than one operator class must be
trained in each operator class for which
he or she is designated. Because an
individual may be designated for more
than one operator class, states may
allow a training approach that
encompasses training for more than one
operator class.
States must establish a procedure to
identify individuals who are required to
meet the operator training requirements
specified in these guidelines. For
example, a state may accomplish this by
requiring that underground storage tank
system owners or operators identify, for
each underground storage tank system
or group of underground storage tank
systems at a facility, at least one name
for each class of operator outlined in
these guidelines.
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These guidelines in no way relieve
the owner or operator, as defined in 40
CFR part 280, from any legal
responsibility mandated by the Federal
underground storage tank regulations or
requirements of a state underground
storage tank program approved by EPA
under SWDA Section 9004.
There may be occasions when a Class
A, Class B, or Class C operator will not
be present at the facility. For example,
operators are frequently not present at
unmanned facilities, such as emergency
generators at telecommunication towers
and card lock/card access facilities.
However, these operators are still
responsible for operation and
maintenance activities or responding to
emergencies and must be trained
according to these guidelines.
To assist states in identifying
responsible individuals to be trained
pursuant to these guidelines, the
following sections characterize, in
general terms, each class of operator.
These sections also identify general
training requirements pertaining to
operating and maintaining underground
storage tank systems. See Appendix
(The Three Operator Classes At A
Glance) which describes the operator
classes and the objectives of training
requirements. States must further
specify training for each individual
class of operator by developing statespecific training requirements.
Class A Operator
A Class A operator has primary
responsibility to operate and maintain
the underground storage tank system.
The Class A operator’s responsibilities
include managing resources and
personnel, such as establishing work
assignments, to achieve and maintain
compliance with regulatory
requirements.
In general, this individual focuses on
the broader aspects of the statutory and
regulatory requirements and standards
necessary to operate and maintain the
underground storage tank system (i.e.,
40 CFR part 280 or requirements of a
state underground storage tank program
approved by EPA under SWDA Section
9004). For example, this individual
typically ensures that appropriate
individual(s):
• Properly operate and maintain the
underground storage tank system.
• Maintain appropriate records.
• Are trained to operate and maintain
the underground storage tank system
and keep records.
• Properly respond to emergencies
caused by releases or spills from
underground storage tank systems at the
facility.
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• Make financial responsibility
documents available to the underground
storage tank implementing agency as
required.
At a minimum, the Class A operator
must be trained in the following:
• A general knowledge of
underground storage tank system
requirements so he or she can make
informed decisions regarding
compliance and ensure appropriate
individuals are fulfilling operation,
maintenance, and recordkeeping
requirements and standards of 40 CFR
part 280 or requirements and standards
of a state underground storage tank
program approved by EPA under SWDA
Section 9004 regarding:
• Spill prevention.
• Overfill prevention.
• Release detection.
• Corrosion protection.
• Emergency response.
• Product compatibility.
• Financial responsibility
documentation requirements.
• Notification requirements.
• Release and suspected release
reporting.
• Temporary and permanent closure
requirements.
• Operator training requirements.
Class B Operator
A Class B operator implements
applicable underground storage tank
regulatory requirements and standards
(i.e., 40 CFR part 280 or requirements of
a state underground storage tank
program approved by EPA under SWDA
Section 9004) in the field. This
individual implements day-to-day
aspects of operating, maintaining, and
recordkeeping for underground storage
tanks at one or more facilities. For
example, this individual typically
monitors, maintains, and ensures:
• Release detection method,
recordkeeping, and reporting
requirements are met.
• Release prevention equipment,
recordkeeping, and reporting
requirements are met.
• All relevant equipment complies
with performance standards.
• Appropriate individuals are trained
to properly respond to emergencies
caused by releases or spills from
underground storage tank systems at the
facility.
Compared with training for the Class
A operator, training for the Class B
operator will provide a more in-depth
understanding of operation and
maintenance aspects, but may cover a
more narrow breadth of applicable
regulatory requirements.
States may require either site-specific
operator training, which is focused only
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on equipment used at the underground
storage tank facility, or broader training
regarding regulatory requirements that,
at a minimum, encompass the
following:
• Components of underground
storage tank systems.
• Materials of underground storage
tank system components.
• Methods of release detection and
release prevention applied to
underground storage tank components.
• Operation and maintenance
requirements of 40 CFR part 280 or
requirements of a state underground
storage tank program approved by EPA
under SWDA Section 9004 that apply to
underground storage tank systems and
include:
• Spill prevention.
• Overfill prevention.
• Release detection.
• Corrosion protection.
• Emergency response.
• Product compatibility.
• Reporting and recordkeeping
requirements.
• Class C operator training
requirements.
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Class C Operator
A Class C operator is an employee and
is, generally, the first line of response to
events indicating emergency conditions.
This individual is responsible for
responding to alarms or other
indications of emergencies caused by
spills or releases from underground
storage tank systems. This individual
notifies the Class B or Class A operator
and appropriate emergency responders
when necessary. Not all employees of
the facility are necessarily Class C
operators. This individual typically:
• Controls or monitors the dispensing
or sale of regulated substances, or
• Is responsible for initial response to
alarms or releases.
At a minimum, the Class C operator
must be trained to:
• Take action in response to
emergencies (such as, situations posing
an immediate danger or threat to the
public or to the environment and that
require immediate action) or alarms
caused by spills or releases from an
underground storage tank system.
When Must Operators Be Trained?
States must ensure that Class A, Class
B, and Class C operators are trained
according to state-specific training
requirements by August 8, 2012, which
is three years after the date states are
required to develop state-specific
training requirements. A state may want
to establish a schedule for phasing in
the training over this time.
After August 8, 2012, states must
require operators be trained as follows:
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• Class A and Class B operators must
be trained within 30 days or another
reasonable period specified by the state,
after assuming operation and
maintenance responsibilities at the
underground storage tank system.
• Class C operators must be trained
before assuming responsibility for
responding to emergencies.
If a state determines an underground
storage tank system is out of
compliance, appropriate operator(s)
must be retrained. States may determine
whether both Class A and Class B
operators are retrained, or if only one
class of operator (either Class A or Class
B) is retrained. At a minimum, an
underground storage tank system is out
of compliance if the system:
• Does not meet EPA’s Significant
Operational Compliance requirements
for release prevention and release
detection measures identified at:
https://www.epa.gov/oust/cmplastc/
soc.htm; or
• Is not in significant compliance
with other requirements, such as
financial responsibility, as determined
by the state.
Operators must be retrained within a
reasonable time frame established by the
state. At a minimum, retraining must
include training of the areas determined
not in significant compliance. States
requiring at least annual operator
training that covers all operator class
requirements would meet retraining
requirements.
What Training Approaches Would Meet
the Operator Training Requirements?
Operator training must evaluate
operator knowledge of the minimum
training requirements described for each
class of operator in these guidelines.
The following is a list of acceptable
approaches to meet training
requirements stated in these guidelines:
• An operator training program
conducted or developed by the state or
by a third party that has received prior
state 1 approval. The program may
include in-class, on-line, or hands-on
training. Such a program must include
an evaluation of operator knowledge.
Examples include testing, practical
demonstration, or other tools
determined as acceptable by the state.
• An appropriately administered and
evaluated verification of operator
knowledge (i.e., examination). This
determination must be accomplished
through an operator examination
designed to measure operator
knowledge as required in these
1 States might need to establish criteria to
determine the suitability of any training provider or
curriculum of training courses provided.
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guidelines. The state or a third party
acceptable to the state may administer
this examination. The examination
process must be acceptable to the state
and reasonably determine the person
tested has the necessary knowledge and
skills to be considered competent to
operate underground storage tanks.
• For Class C operator training, the
state may accept training conducted by
a trained Class A or Class B operator.
• To address operators responsible for
underground storage tank systems in
multiple states, states may develop a
program that accepts operator training
verification from other states.
• Any combination of the above listed
operator training approaches or
comparable training approaches
recognized by the state.
How May States Ensure All Operators
Are Trained in Accordance With These
Guidelines?
States must have a system in place for
ensuring all operators are trained in
accordance with these guidelines. The
following are some examples for
meeting this requirement.
• Require owners or operators
maintain records documenting the
training received for all Class A, Class
B, and Class C operators either: At the
underground storage tank site and
immediately available for inspection by
the implementing agency; or at a readily
available alternative site and be
provided for inspection to the
implementing agency upon request.
• Require owners or operators report
Class A, Class B, and Class C operator
compliance to the implementing agency.
What Enforcement Authority Must
States Have for Operator Training?
At a minimum, states must have
comparable enforcement authorities for
their operator training requirements as
they have for current underground
storage tank requirements.
How Will States Demonstrate
Compliance With These Guidelines?
After August 8, 2009, and before
receiving future grant funding, states
must provide one of the following to
EPA:
• For a state that has met the
requirements for operator training, the
state must submit a certification
indicating that the state meets the
requirements in the guidelines.
• For a state that has not yet met the
requirements for operator training, the
state must provide a document that
describes the state’s efforts to meet the
requirements. This document must
include:
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• A description of the state’s
activities to date to meet the
requirements in the guidelines;
• A description of the state’s planned
activities to meet the requirements; and
• The date by which the state expects
to meet the requirements.
EPA may verify state certifications of
compliance through site visits, record
reviews, or audits as authorized by 40
CFR part 31.
these terms and conditions by utilizing
EPA’s grant enforcement authorities
under 40 CFR 31.43, as necessary and
appropriate.
For More Information About the
Operator Training Grant Guidelines
Visit the EPA Office of Underground
Storage Tanks Web site at https://
www.epa.gov/oust or call 703–603–
9900.
How Will EPA Enforce State’s
Compliance With the Requirements in
These Guidelines?
Background About the Energy Policy
Act of 2005
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. The Agency will establish
terms and conditions on grants and
cooperative agreements for underground
storage tank activities to require
compliance with applicable
requirements as a condition of funding.
EPA will address noncompliance with
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
44527
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.
APPENDIX.—THE THREE OPERATOR CLASSES AT A GLANCE
Class A Operator
Class B Operator
Class C Operator
Who fits this class of operator?
The individual who generally focuses on the statutory and regulatory requirements related to
operating and maintaining the
underground storage tank system.
The individual who is generally
the first line of response to
events indicating emergency
conditions or responding to
alarms.
What is the objective of the training requirements?
Ensure broad knowledge of regulatory requirements.
The individual who is generally responsible for field implementation of applicable underground
storage tank regulatory requirements and implements day-today aspects of operating, maintaining, and recordkeeping for
USTs at one or more facilities.
Ensure in-depth knowledge of implementing regulatory requirements.
Ensure knowledge of actions to
take in the event of a leak or
other emergency.
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Dated: August 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. E7–15493 Filed 8–7–07; 8:45 am]
BILLING CODE 6560–50–C
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
sroberts on PROD1PC70 with NOTICES
August 1, 2007.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
VerDate Aug<31>2005
19:14 Aug 07, 2007
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Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
Written comments should be
submitted on or before October 9, 2007.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact below as soon as
possible.
DATES:
You may submit all
Paperwork Reduction Act (PRA)
comments by e-mail or U.S. post mail.
To submit you comments by e-mail,
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1-C823, 445 12th Street SW.,
Washington, DC 20554 and Jasmeet
Seehra, Office of Management and
Budget (OMB) Desk Officer, Room
10236 NEOB, 725 17th Street, NW.,
ADDRESSES:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
Washington, DC 20503 or via Internet at
Jasmeet_K._Seehra@omb.eop.gov or via
fax (202) 395–5167.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s), send an e-mail
to PRA@fcc.gov or contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0982.
Title: Implementation of LPTV Digital
Data Services Pilot Project.
Form Number: Not applicable
Type of Review: Extension of
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents: 14.
Estimated Hours per Response: 0.25
hours—15 hours.
Frequency of Response:
Recordkeeping requirement; Third party
disclosure requirement; On occasion
reporting requirement; Quarterly and
Annual reporting requirements.
Total Annual Burden: 672 hours.
Total Annual Cost: $51,800.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: This collection
implements the provisions of the Low
Power TV (LPTV) Pilot Project Digital
Data Services Act (DDSA). The DDSA
mandates that the Commission issue
regulations establishing a pilot project
pursuant to which specified LPTV
E:\FR\FM\08AUN1.SGM
08AUN1
EN08AU07.043</GPH>
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
]]>Agencies
[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44523-44528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15493]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8451-6]
Operator Training 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
EPA is issuing the operator training grant guidelines for states that
receive underground storage tank (UST) funds from EPA. In this notice,
EPA is publishing the operator training grant guidelines in their
entirety. In addition, EPA will subsequently make the guidelines
available on EPA's Web site. EPA developed the operator training grant
guidelines as required by Section 9010 of Subtitle I of the Solid Waste
Disposal Act, as amended by Section 1524 of the Energy Policy Act of
2005.
DATES: EPA is notifying the public via this notice that the operator
training grant guidelines are available as of August 8, 2007.
ADDRESSES: In addition to publishing the operator training grant
guidelines here, EPA will post the operator training 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 Operator
Training Provision of the Energy Policy Act of 2005 (EPA 510-R-07-005,
August 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 9010(a) and (b) of Subtitle I of the Solid Waste Disposal
Act, as amended by Section 1524 of the Energy Policy Act, require EPA
to publish guidelines that establish training requirements for three
distinct classes of UST system operators and require states to develop
state-specific training requirements consistent with the guidelines. As
a result of that requirement, EPA worked with states and other UST
stakeholders to develop the operator training grant guidelines. In
April 2007, EPA published in the Federal Register a draft of the
operator training grant guidelines. EPA considered comments and today
is publishing the operator training 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.) 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
[[Page 44524]]
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 Operator Training
Provision of the Energy Policy Act of 2005, U.S. Environmental
Protection Agency; Office of Underground Storage Tanks
Contents
Overview of Operator Training Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Operator Training Requirements
What Is Operator Training?
What Underground Storage Tank Systems Do These Guidelines Apply to?
How Does a State Implement These Guidelines?
Who Is Subject to Operator Training Requirements and What Are the
Requirements?
When Must Operators Be Trained?
What Training Approaches Would Meet the Operator Training
Requirements?
How May States Ensure All Operators Are Trained in Accordance With
These Guidelines?
What Enforcement Authority Must States Have for Operator Training?
How Will States Demonstrate Compliance With These Guidelines?
How Will EPA Enforce State's Compliance With the Requirements in
These Guidelines?
For More Information About the Operator Training Grant Guidelines
Background About The Energy Policy Act Of 2005
Appendix: The Three Operator Classes At A Glance
Overview of Operator Training Grant Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection Agency (EPA), in consultation
with states, developed these grant guidelines as required by the
operator training provision in Section 9010(a) 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 1524 of the Energy Policy Act amends Subtitle I of the
Solid Waste Disposal Act by adding Section 9010. Section 9010 requires
EPA to publish guidelines that specify training requirements for three
classes of operators:
Persons having primary responsibility for on-site
operation and maintenance of underground storage tank systems.
Persons having daily on-site responsibility for the
operation and maintenance of underground storage tank systems.
Daily, on-site employees having primary responsibility for
addressing emergencies presented by a spill or release from an
underground storage tank system.
Section 9010(a)(2) requires EPA to consider:
State training programs in existence when the guidelines
are published.
Training programs that are being used by tank owners and
operators as of August 8, 2005.
The high turnover rate of tank operators and other
personnel.
The frequency of improvement in underground storage tank
equipment technology.
The business in which tank operators are engaged.
The substantial differences in the scope and length of
training needed for the three classes of operators.
Such other factors as EPA finds necessary to carry out
Section 9010.
Section 9010(b)(2) also requires each state receiving Subtitle I
funding (hereafter referred to as ``state''), to develop state-specific
training requirements that:
Are consistent with EPA's guidelines.
Are developed in cooperation with tank owners and
operators.
Consider training programs implemented by tank owners and
operators.
Are appropriately communicated to tank owners and
operators.
In addition, Section 9010(c) requires that all persons who are
subject to the operator training requirements specified in these
guidelines must:
Meet the state-specific training requirements.
Repeat applicable requirements if the tank for which they
have primary daily on-site management responsibilities is determined to
be out of compliance with a requirement or standard of 40 CFR part 280
or a requirement or standard of a state program approved under Section
9004.
EPA's Office of Underground Storage Tanks (OUST) is issuing these
grant guidelines to establish the minimum requirements a state
receiving Subtitle I funding must meet in order to comply with the
operator training provisions of the Energy Policy Act.
What Is in These Guidelines?
These guidelines describe the minimum requirements a state's
underground storage tank (UST) program must contain in order for a
state to comply with the Section 9010 requirements for Subtitle I
funding. These guidelines include: a description of the classes of
operators; required training for each class of operator; deadlines when
operator training is required; and examples of acceptable state
approaches to operator training.
When Do These Guidelines Take Effect?
These guidelines are effective August 8, 2007.
Operator Training Requirements
What Is Operator Training?
Underground storage tank operator training means any program that
meets the requirements of these guidelines. Such a program is designed
to ensure knowledge regarding operating and maintaining underground
storage tank systems.
What Underground Storage Tank Systems Do These Guidelines Apply to?
These guidelines apply to underground storage tank systems
regulated under Subtitle I, except those excluded by regulation at 40
CFR 280.10(b) and those deferred by regulation at 40 CFR 280.10(c).
[[Page 44525]]
How Does a State Implement These Guidelines?
A state implements these guidelines by:
Requiring operator training for all operators in each
class.
Developing state-specific operator training requirements
consistent with EPA's guidelines by August 8, 2009. State-specific
operator training requirements must:
Be developed in cooperation with tank owners and
operators;
Take into consideration training programs implemented by
tank owners and tank operators; and
Be appropriately communicated to tank owners and
operators.
Establishing a procedure to identify individuals who are
required to be trained under the operator training requirements
specified in these guidelines.
Ensuring all operators are trained in accordance with
these guidelines.
States may choose to be more stringent than these minimum
requirements.
Who Is Subject to Operator Training Requirements and What Are the
Requirements?
For purposes of implementing the operator training requirements,
these guidelines establish three classes of operators identified as
Class A, Class B, and Class C. Each underground storage tank system or
group of underground storage tank systems at a facility must have a
Class A, Class B, and Class C operator designated. All individuals
designated as a Class A, B, or C operator must, at a minimum, be
trained according to these guidelines. Separate individuals may be
designated for each class of operator described above or an individual
may be designated to more than one of the above operator classes. An
individual who is designated to more than one operator class must be
trained in each operator class for which he or she is designated.
Because an individual may be designated for more than one operator
class, states may allow a training approach that encompasses training
for more than one operator class.
States must establish a procedure to identify individuals who are
required to meet the operator training requirements specified in these
guidelines. For example, a state may accomplish this by requiring that
underground storage tank system owners or operators identify, for each
underground storage tank system or group of underground storage tank
systems at a facility, at least one name for each class of operator
outlined in these guidelines.
These guidelines in no way relieve the owner or operator, as
defined in 40 CFR part 280, from any legal responsibility mandated by
the Federal underground storage tank regulations or requirements of a
state underground storage tank program approved by EPA under SWDA
Section 9004.
There may be occasions when a Class A, Class B, or Class C operator
will not be present at the facility. For example, operators are
frequently not present at unmanned facilities, such as emergency
generators at telecommunication towers and card lock/card access
facilities. However, these operators are still responsible for
operation and maintenance activities or responding to emergencies and
must be trained according to these guidelines.
To assist states in identifying responsible individuals to be
trained pursuant to these guidelines, the following sections
characterize, in general terms, each class of operator. These sections
also identify general training requirements pertaining to operating and
maintaining underground storage tank systems. See Appendix (The Three
Operator Classes At A Glance) which describes the operator classes and
the objectives of training requirements. States must further specify
training for each individual class of operator by developing state-
specific training requirements.
Class A Operator
A Class A operator has primary responsibility to operate and
maintain the underground storage tank system. The Class A operator's
responsibilities include managing resources and personnel, such as
establishing work assignments, to achieve and maintain compliance with
regulatory requirements.
In general, this individual focuses on the broader aspects of the
statutory and regulatory requirements and standards necessary to
operate and maintain the underground storage tank system (i.e., 40 CFR
part 280 or requirements of a state underground storage tank program
approved by EPA under SWDA Section 9004). For example, this individual
typically ensures that appropriate individual(s):
Properly operate and maintain the underground storage tank
system.
Maintain appropriate records.
Are trained to operate and maintain the underground
storage tank system and keep records.
Properly respond to emergencies caused by releases or
spills from underground storage tank systems at the facility.
Make financial responsibility documents available to the
underground storage tank implementing agency as required.
At a minimum, the Class A operator must be trained in the
following:
A general knowledge of underground storage tank system
requirements so he or she can make informed decisions regarding
compliance and ensure appropriate individuals are fulfilling operation,
maintenance, and recordkeeping requirements and standards of 40 CFR
part 280 or requirements and standards of a state underground storage
tank program approved by EPA under SWDA Section 9004 regarding:
Spill prevention.
Overfill prevention.
Release detection.
Corrosion protection.
Emergency response.
Product compatibility.
Financial responsibility documentation requirements.
Notification requirements.
Release and suspected release reporting.
Temporary and permanent closure requirements.
Operator training requirements.
Class B Operator
A Class B operator implements applicable underground storage tank
regulatory requirements and standards (i.e., 40 CFR part 280 or
requirements of a state underground storage tank program approved by
EPA under SWDA Section 9004) in the field. This individual implements
day-to-day aspects of operating, maintaining, and recordkeeping for
underground storage tanks at one or more facilities. For example, this
individual typically monitors, maintains, and ensures:
Release detection method, recordkeeping, and reporting
requirements are met.
Release prevention equipment, recordkeeping, and reporting
requirements are met.
All relevant equipment complies with performance
standards.
Appropriate individuals are trained to properly respond to
emergencies caused by releases or spills from underground storage tank
systems at the facility.
Compared with training for the Class A operator, training for the
Class B operator will provide a more in-depth understanding of
operation and maintenance aspects, but may cover a more narrow breadth
of applicable regulatory requirements.
States may require either site-specific operator training, which is
focused only
[[Page 44526]]
on equipment used at the underground storage tank facility, or broader
training regarding regulatory requirements that, at a minimum,
encompass the following:
Components of underground storage tank systems.
Materials of underground storage tank system components.
Methods of release detection and release prevention
applied to underground storage tank components.
Operation and maintenance requirements of 40 CFR part 280
or requirements of a state underground storage tank program approved by
EPA under SWDA Section 9004 that apply to underground storage tank
systems and include:
Spill prevention.
Overfill prevention.
Release detection.
Corrosion protection.
Emergency response.
Product compatibility.
Reporting and recordkeeping requirements.
Class C operator training requirements.
Class C Operator
A Class C operator is an employee and is, generally, the first line
of response to events indicating emergency conditions. This individual
is responsible for responding to alarms or other indications of
emergencies caused by spills or releases from underground storage tank
systems. This individual notifies the Class B or Class A operator and
appropriate emergency responders when necessary. Not all employees of
the facility are necessarily Class C operators. This individual
typically:
Controls or monitors the dispensing or sale of regulated
substances, or
Is responsible for initial response to alarms or releases.
At a minimum, the Class C operator must be trained to:
Take action in response to emergencies (such as,
situations posing an immediate danger or threat to the public or to the
environment and that require immediate action) or alarms caused by
spills or releases from an underground storage tank system.
When Must Operators Be Trained?
States must ensure that Class A, Class B, and Class C operators are
trained according to state-specific training requirements by August 8,
2012, which is three years after the date states are required to
develop state-specific training requirements. A state may want to
establish a schedule for phasing in the training over this time.
After August 8, 2012, states must require operators be trained as
follows:
Class A and Class B operators must be trained within 30
days or another reasonable period specified by the state, after
assuming operation and maintenance responsibilities at the underground
storage tank system.
Class C operators must be trained before assuming
responsibility for responding to emergencies.
If a state determines an underground storage tank system is out of
compliance, appropriate operator(s) must be retrained. States may
determine whether both Class A and Class B operators are retrained, or
if only one class of operator (either Class A or Class B) is retrained.
At a minimum, an underground storage tank system is out of compliance
if the system:
Does not meet EPA's Significant Operational Compliance
requirements for release prevention and release detection measures
identified at: https://www.epa.gov/oust/cmplastc/soc.htm; or
Is not in significant compliance with other requirements,
such as financial responsibility, as determined by the state.
Operators must be retrained within a reasonable time frame
established by the state. At a minimum, retraining must include
training of the areas determined not in significant compliance. States
requiring at least annual operator training that covers all operator
class requirements would meet retraining requirements.
What Training Approaches Would Meet the Operator Training Requirements?
Operator training must evaluate operator knowledge of the minimum
training requirements described for each class of operator in these
guidelines.
The following is a list of acceptable approaches to meet training
requirements stated in these guidelines:
An operator training program conducted or developed by the
state or by a third party that has received prior state \1\ approval.
The program may include in-class, on-line, or hands-on training. Such a
program must include an evaluation of operator knowledge. Examples
include testing, practical demonstration, or other tools determined as
acceptable by the state.
---------------------------------------------------------------------------
\1\ States might need to establish criteria to determine the
suitability of any training provider or curriculum of training
courses provided.
---------------------------------------------------------------------------
An appropriately administered and evaluated verification
of operator knowledge (i.e., examination). This determination must be
accomplished through an operator examination designed to measure
operator knowledge as required in these guidelines. The state or a
third party acceptable to the state may administer this examination.
The examination process must be acceptable to the state and reasonably
determine the person tested has the necessary knowledge and skills to
be considered competent to operate underground storage tanks.
For Class C operator training, the state may accept
training conducted by a trained Class A or Class B operator.
To address operators responsible for underground storage
tank systems in multiple states, states may develop a program that
accepts operator training verification from other states.
Any combination of the above listed operator training
approaches or comparable training approaches recognized by the state.
How May States Ensure All Operators Are Trained in Accordance With
These Guidelines?
States must have a system in place for ensuring all operators are
trained in accordance with these guidelines. The following are some
examples for meeting this requirement.
Require owners or operators maintain records documenting
the training received for all Class A, Class B, and Class C operators
either: At the underground storage tank site and immediately available
for inspection by the implementing agency; or at a readily available
alternative site and be provided for inspection to the implementing
agency upon request.
Require owners or operators report Class A, Class B, and
Class C operator compliance to the implementing agency.
What Enforcement Authority Must States Have for Operator Training?
At a minimum, states must have comparable enforcement authorities
for their operator training requirements as they have for current
underground storage tank requirements.
How Will States Demonstrate Compliance With These Guidelines?
After August 8, 2009, and before receiving future grant funding,
states must provide one of the following to EPA:
For a state that has met the requirements for operator
training, the state must submit a certification indicating that the
state meets the requirements in the guidelines.
For a state that has not yet met the requirements for
operator training, the state must provide a document that describes the
state's efforts to meet the requirements. This document must include:
[[Page 44527]]
A description of the state's activities to date to meet
the requirements in the guidelines;
A description of the state's planned activities to meet
the requirements; and
The date by which the state expects to meet the
requirements.
EPA may verify state certifications of compliance through site
visits, record reviews, or audits as authorized by 40 CFR part 31.
How Will EPA Enforce State's 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. The Agency will establish terms and
conditions on grants and cooperative agreements for underground storage
tank activities to require compliance with applicable requirements as a
condition of funding. EPA will address noncompliance with these terms
and conditions by utilizing EPA's grant enforcement authorities under
40 CFR 31.43, as necessary and appropriate.
For More Information About the Operator Training Grant Guidelines
Visit the EPA Office of Underground Storage Tanks Web site at
https://www.epa.gov/oust or call 703-603-9900.
Background About the Energy Policy Act of 2005
On August 8, 2005, President Bush signed the Energy Policy Act of
2005. Title XV, Subtitle B of this act (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.
Appendix.--The Three Operator Classes At A Glance
----------------------------------------------------------------------------------------------------------------
Class A Operator Class B Operator Class C Operator
----------------------------------------------------------------------------------------------------------------
Who fits this class of operator? The individual who The individual who is The individual who is
generally focuses on generally responsible generally the first
the statutory and for field line of response to
regulatory implementation of events indicating
requirements related applicable underground emergency conditions
to operating and storage tank or responding to
maintaining the regulatory alarms.
underground storage requirements and
tank system. implements day-to-day
aspects of operating,
maintaining, and
recordkeeping for USTs
at one or more
facilities.
What is the objective of the training Ensure broad knowledge Ensure in-depth Ensure knowledge of
requirements? of regulatory knowledge of actions to take in the
requirements. implementing event of a leak or
regulatory other emergency.
requirements.
----------------------------------------------------------------------------------------------------------------
BILLING CODE 6560-50-P
[[Page 44528]]
[GRAPHIC] [TIFF OMITTED] TN08AU07.043
Dated: August 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E7-15493 Filed 8-7-07; 8:45 am]
BILLING CODE 6560-50-C
