[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Notices]
[Pages 67350-67351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19745]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8245-1]


Draft Grant Guidelines for States Regarding: Inspection Provision 
and State Compliance Report on the Government Underground Storage Tanks 
Provision; 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.

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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 for states regarding 
the inspection provision and state compliance report on the government 
underground storage tanks (USTs) provision. EPA is developing these two 
grant guidelines 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 review and comment on the guidelines as they become 
available. 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 as they become available over the next several 
months. You also may send an e-mail to OUST--Energy--Policy--
Act--Email--[email protected] requesting that we notify 
you when the drafts are posted on EPA's Web site. If you previously e-
mailed a request to be included on this list, there is no need for you 
to do so again.

DATES: EPA anticipates the draft grant guidelines will become available 
between November 21, 2006 and March 31, 2007.

ADDRESSES: EPA will post the draft grant guidelines on our Web site at: 
http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts as they become available over the next several 
months. You also may send an e-mail to OUST--Energy--Policy--
Act--Email-- [email protected] requesting that we notify you 
when the drafts are posted on EPA's Web site. If you previously e-
mailed a request to be included on this list, there is no need for you 
to do so again. After the draft grant guidelines 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. 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: For draft grant guidelines regarding 
inspection provision: Tim Smith, EPA's Office of Underground Storage 
Tanks, at [email protected] or 703-603-7158. For draft grant 
guidelines regarding State compliance report on government USTs 
provision: Steven McNeely, EPA's Office of Underground Storage Tanks, 
at [email protected] 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, 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 program. This is 
the first federal legislative change for the 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. Some of the UST provisions of the Energy Policy Act 
were implemented by August 2006; other provisions will need to be 
implemented in subsequent years. See EPA's Web site at: http://www.epa.gov/oust/fedlaws/epact_05.htm for more 
information about the UST provisions of the Energy Policy Act.
    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. Following enactment of the 
new law, OUST worked, and is continuing to work, with its partners to 
develop grant guidelines which EPA regional tank programs will 
incorporate into States' grant agreements. The guidelines will provide 
states, which receive UST funds, with specific requirements based

[[Page 67351]]

on the UST provisions of the Energy Policy Act for their State UST 
programs.
    To implement the 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 UST programs. Over the next several months, 
EPA expects to issue draft grant guidelines regarding the inspection 
provision and state compliance report on government USTs provision.
    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 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.
    The Agency is providing the public with an opportunity to comment 
on the two draft grant guidelines when they become available 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 we issue the final guidelines.
    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 as they become available over the next several months. You 
may also send an e-mail to OUST--Energy--Policy--
Act--Email--[email protected] requesting that we 
notify you when the drafts are posted on EPA's Web site. If you 
previously e-mailed a request to be included on this list, there is no 
need for you to do so again. As each draft guideline 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 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.

    Dated: November 15, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E6-19745 Filed 11-20-06; 8:45 am]
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