[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26367-26372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2267]


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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.

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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: http://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 [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, 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?

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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 (http://www.epa.gov/oust/fedlaws/280_a.pdf).Owner is defined in 
40 CFR 280.12 (http://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 (http://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 [email protected] 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: http://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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