[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44523-44528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15493]


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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

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 
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: 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 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 [email protected] 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: http://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.
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    \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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     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 
http://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.

                                Appendix.--The Three Operator Classes At A Glance
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                                           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.
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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