[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29334-29335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7758]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8172-9]


Draft Grant Guidelines for States and Draft Tribal Strategy; 
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 of 
the future availability of draft grant guidelines EPA is developing to 
help states comply with requirements for receiving funding under 
Subtitle I of the Solid Waste Disposal Act as established in Title XV, 
Subtitle B of the Energy Policy Act of 2005. EPA is asking the public 
to comment on the guidelines as they become available. EPA also is 
advising the public of the future availability of a draft tribal 
strategy to implement section 1529 of the Energy Policy Act of 2005, 
and asking for public comment as it becomes available. EPA encourages 
interested stakeholders to regularly check EPA's Web site at: http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts Drafts where we will post 
the draft guidelines and draft tribal strategy as they become available 
over the next three months. You also may send an e-mail to [email protected] requesting that we notify you when 
the drafts are posted on EPA's Web site.

DATES: The draft guidelines and draft tribal strategy will become 
available between May 22, 2006 and August 1, 2006.

ADDRESSES: EPA will post the draft guidelines and draft tribal strategy 
on our web site at: http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts as they become available over the next three months. You 
also may send an e-mail to [email protected] requesting that we notify you when the drafts are posted on 
EPA's Web site. After the draft guidelines and tribal strategy are 
posted on EPA's Web site, paper copies will be available from the 
National Service Center for Environmental Publications (NSCEP), EPA's 
publications distribution warehouse upon request. 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 513-489-8695.

FOR FURTHER INFORMATION CONTACT: The EPA's Office of Underground 
Storage Tanks, (703) 603-9900.

SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the 
Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled 
the Underground Storage Tank Compliance Act of 2005, contains 
amendments to Subtitle I of the Solid Waste Disposal Act, the original 
legislation that created the underground storage tank (UST) program. 
This is the first Federal legislative change for the UST program since 
its inception over 20 years ago. The UST provisions of the new law 
focus on preventing tank releases, will significantly affect federal 
and state underground storage tank programs, and will require major 
changes to the programs. 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 is 
working with its partners to develop grant guidelines which EPA 
regional tank programs will incorporate into states' grant agreements. 
The guidelines will provide states with specific requirements, based on 
the UST provisions of the Energy Policy Act, for their state 
underground storage tank programs.
    To implement the new law, OUST, EPA regions, and states are working 
closely with tribes, other federal agencies, tank owners and operators, 
UST equipment industry, and other stakeholders to bring about the 
mandated changes affecting underground storage tank programs. Over the 
next few months, EPA will issue individual draft grant guidelines that 
contain information on requirements, as provided for in the UST 
provisions of the Energy Policy Act, such as: Fuel delivery 
prohibition; secondary containment; financial responsibility for tank 
installers and manufacturers; public record; and inspections. In 
addition, the UST provisions of the Energy Policy Act require that EPA, 
in coordination with Indian tribes, develop and implement a strategy 
for implementing the UST program in Indian country.
    The UST provisions of the Energy Policy Act require EPA implement 
some of the provisions by August 2006; other provisions will need to be 
implemented in subsequent years. Once the guidelines are issued and 
become effective, EPA regions will incorporate the guidelines in grant 
agreements between EPA and states. States receiving funds from EPA for 
their underground storage tank 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.
    The Agency is providing the public with an opportunity to comment 
on these draft grant guidelines and draft tribal strategy by following 
the process specified below. As provided in 5 U.S.C. 553(a)(2), the 
grant guidelines are exempt from the notice and comment rule-making 
procedures. Consequently, EPA will not establish a public docket for 
comments and may not issue separate responses to comments when it 
issues the final guidelines and tribal strategy.
    EPA encourages interested stakeholders to regularly check EPA's Web 
site at: http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts where 
we will post the draft guidelines and draft tribal strategy as they 
become available over the next three months. You may also send an e-
mail to [email protected] requesting 
that we notify you when the drafts are posted on EPA's Web site. As 
each draft guideline and tribal strategy is posted on EPA's Web site, 
we will accept comments on each for 30 days. EPA's Web site will 
provide information about document availability and specific public 
comment periods. You may submit comments by e-mail, facsimile, or mail 
as described on EPA's Web site. After the draft guidelines and strategy 
are posted on EPA's Web site, paper copies will be available from 
NSCEP, EPA's publications distribution warehouse upon request. 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 513-489-8695.
    After considering public comments, EPA will issue final grant 
guidelines which EPA regions will incorporate into states' grant 
agreements. EPA will also solicit comments on a draft strategy about 
tanks in Indian country and, after considering public comments, will 
issue a final strategy about tanks in Indian country.


[[Page 29335]]


    Dated: May 16, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E6-7758 Filed 5-19-06; 8:45 am]
BILLING CODE 6560-50-P