Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices 26359 

cleaning products such as detergents, 

cleaners, airplane deicers and firefighting foams. Safer surfactants are 

those that break down quickly to nonpolluting compounds. 

Under SDSI, businesses that have 

fully transitioned to safer surfactants, or 

(for non-profits, academic institutions, 

etc.) can document outstanding efforts 

to encourage the use of safer surfactants, 

are granted Champion status. At this 

level, the participant is invited to the 

SDSI Awards ceremony, listed on the 

EPA SDSI website as a champion, and 

may use a special logo in their literature 

to help explain their participation in the 

program. Businesses that commit to a 

full and timely transition to safer 

surfactants, or (for non-profits, academic 

institutions, etc.) can document 

outstanding efforts to encourage the use 

of safer surfactants, are granted Partner 

status. This category provides 

recognition of significant 

accomplishments towards the use of 

safer surfactants. Partners will be listed 

on the EPA SDSI website and may be 

granted recognition as a Champion in 

the future if appropriate. 

This information collection addresses 

reporting activities that support the 

administration of the SDSI program. 

Responses to this collection of 

information are voluntary. Respondents 

may claim all or part of a response 

confidential. EPA will disclose 

information that is covered by a claim 

of confidentiality only to the extent 

permitted by, and in accordance with, 

the procedures in TSCA section 14 and 

40 CFR part 2. 

Burden statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 10 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal Agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of this estimate, which is 

only briefly summarized here: 

Estimated total number of potential 

respondents: 375. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

3,750 hours. 

Estimated total annual costs: 

$182,625. This includes an estimated 

burden cost of $182,625 and an 

estimated cost of $0 for capital 

investment or maintenance and 

operational costs. 

IV. What is the Next Step in the Process 

for this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. EPA will issue another Federal 

Register notice pursuant to 5 CFR 

1320.5(a)(1)(iv) to announce the 

submission of the ICR to OMB and the 

opportunity to submit additional 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

List of Subjects 

Environmental protection, Reporting 

and recordkeeping requirements. 

Dated: April 30, 2007. 

James B. Gulliford, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

[FR Doc. E7–8944 Filed 5–8–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8310–3] 

Inspection 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 on April 24, 2007 EPA issued the 

inspection grant guidelines and 

subsequently made the guidelines 

available on EPA’s Web site. In this 

notice, EPA is publishing the inspection 

grant guidelines in their entirety. EPA 

developed the inspection grant 

guidelines as required by Sections 

9005(c)(1) and 9005(c)(2) of Subtitle I of 

the Solid Waste Disposal Act, as 

amended by Section 1523 of the Energy 

Policy Act of 2005. 

DATES: On April 24, 2007, EPA issued 

and subsequently posted the inspection 

grant guidelines on EPA’s Web site. EPA 

is notifying the public via this notice 

that the inspection grant guidelines are 

available as of May 9,2007. 

ADDRESSES: EPA posted the inspection 

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 Inspection Provisions Of The 

Energy Policy Act Of 2005 (EPA 510–R–

07–004, April 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 9005(c)(1) and 9005(c)(2) of 

Subtitle I of the Solid Waste Disposal 

Act, as amended by Section 1523 of the 

Energy Policy Act, require states that 

receive Subtitle I funding to ensure that 

USTs not inspected since December 22, 

1998 have an on-site inspection before 

August 8, 2007 and subsequently 


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undergo an on-site inspection at least 

once every three years thereafter. As a 

result of that requirement, EPA worked 

with states and other stakeholders to 

develop inspection grant guidelines. In 

November 2006, EPA released a draft of 

the inspection grant guidelines. EPA 

considered comments and, subsequently 

on April 24, 2007, issued the inspection 

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 seq.) 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 Inspection Provisions 

of the Energy Policy Act of 2005 

U.S. Environmental Protection Agency; 

Office of Underground Storage Tanks; 

April 2007 

Contents 

Overview of the Inspection Grant Guidelines 

Why Is EPA Issuing These Guidelines? 

What Is In These Guidelines? 

When Do These Guidelines Take Effect? 

Requirements for On-Site Inspections 

Which Underground Storage Tanks Require 

An On-Site Inspection? 

When Must Underground Storage Tanks Be 

Inspected? 

What Are the Requirements for the On-Site 

Inspection? 

Who May Perform the On-Site Inspection? 

What Are the Reporting Requirements to 

EPA? 

How Will States Demonstrate Compliance 

With These Guidelines? 

How Will EPA Enforce States’ Compliance 

With the Requirements in These 

Guidelines? 

For More Information about the Inspection 

Grant Guidelines 

Background About the Energy Policy Act of 

2005 

Appendices 

Appendix A—Short-Term Recommendation 

About Inspections To Meet the Energy 

Policy Act of 2005 Requirements 

(November 17, 2005 Memorandum) 

Appendix B—Inspection Requirements of the 

Energy Policy Act: Determining Which 

Underground Storage Tanks Have 

Undergone an Inspection Since 

December 22, 1998 (June 8, 2006 

Memorandum) 

Overview of the Inspection 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 inspection provisions 

in Sections 9005(c)(1) and 9005(c)(2) 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 1523 of the Energy Policy Act 

amends Section 9005 in Subtitle I of the 

Solid Waste Disposal Act to add 

requirements for underground storage 

tank (UST) system inspections for states 

receiving Subtitle I funding as follows: 

1. Uninspected underground storage 

tanks—Section 9005(c)(1) requires that 

underground storage tanks that have not 

been inspected since December 22, 1998 

must have an on-site inspection 

conducted not later than August 8, 2007 

to determine compliance with Subtitle I 

and 40 CFR 280 requirements or 

requirements or standards of a state 

program developed under Section 9004. 

2. Periodic inspections—Section 

9005(c)(2) requires that, after all 

underground storage tanks required by 

Section 9005(c)(1) have been inspected, 

on-site inspections of each underground 

storage tank identified in these 

guidelines must be conducted at least 

once every three years to determine 

compliance with Subtitle I and 40 CFR 

280 requirements or requirements or 

standards of a state program developed 

under Section 9004. 

EPA’s Office of Underground Storage 

Tanks (OUST) is issuing these grant 

guidelines to establish the minimum 

requirements states receiving Subtitle I 

funding must meet in order to comply 

with the inspection provisions of 

Subtitle I enacted by the Energy Policy 

Act. 

What Is in These Guidelines? 

These guidelines describe the 

minimum requirements a state’s on-site 

inspection program must contain under 

Section 9005(c) of Subtitle I in order for 

a state to comply with statutory 

requirements for Subtitle I funding. 

These guidelines include: Identification 

of which underground storage tanks 

require an on-site inspection; 

requirements for the on-site inspection; 

who can perform the on-site inspection; 

and what information needs to be 

reported to EPA. 

When Do These Guidelines Take Effect? 

These guidelines are effective August 

8, 2007. Until August 8, 2007, states 

may continue to follow the interim 

guidance on inspections issued in 

OUST’s November 17, 2005 and June 8, 

2006 memorandums. See Appendices A 

and B for copies. 

Requirements for On-Site Inspections 

A state receiving Subtitle I funding 

must conduct on-site inspections of 

each underground storage tank in 

accordance with these guidelines. 

Which Underground Storage Tanks 

Require an On-Site Inspection? 

For purposes of these guidelines, the 

term ‘‘underground storage tank’’ means 

those tanks that satisfy the definition of 

underground storage tank in 40 CFR 


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1On June 8, 2006, OUST issued a memorandum 

in order to identify which underground storage 

tanks need to have an on-site inspection before 

August 8, 2007. See Appendix B for a copy of the 

memorandum—Inspection Requirements Of The 

Energy Policy Act: Determining Which 

Underground Storage Tanks Have Undergone An 

Inspection Since December 22, 1998. 

2 In light of certain practical considerations 

relating to the underground storage tank regulated 

universe and specific features of Subtitle I grant 

funding, EPA believes that it is appropriate, solely 

for the purpose of these grant guidelines, to allow 

states the option of using a third-party inspection 

program to meet the on-site inspection requirement. 

In particular, Subtitle I requires states, as a 

condition of funding, or EPA as appropriate, to 

inspect all underground storage tanks every three 

years. EPA recognizes that a flexible approach is 

necessary in order to assist states in meeting the 

three-year inspection requirement given the large 

number of underground storage tanks, the varied 

distribution of such underground storage tanks from 

state to state, and because fulfilling the inspection 

requirement is a condition of a state’s Subtitle I 

funding. 

280.12, except for those tanks identified 

in 40 CFR 280.10(b) and 280.10(c) as 

excluded or deferred tanks. These 

guidelines apply to underground storage 

tanks that have not been permanently 

closed or undergone a change in service 

in accordance with 40 CFR 280.71 or 

requirements or standards of a state 

program approved under Section 9004. 

An on-site inspection is not required for 

underground storage tanks that have 

been determined by the state to be 

abandoned. 

When Must Underground Storage Tanks 

Be Inspected? 

States must by August 8, 2007 

conduct an on-site inspection for each 

underground storage tank that has not 

been inspected since December 22, 

1998.1 After completion of those 

inspections, each underground storage 

tank must be inspected by August 8, 

2010 (EPA has the authority to extend 

this date until August 8, 2011 if a state 

demonstrates insufficient resources to 

conduct inspections) and at least once 

every three years thereafter. 

What Are the Requirements for the OnSite Inspection? 

The purpose of the on-site inspection 

is to determine compliance with 

Subtitle I and 40 CFR 280 requirements 

or in the case of a state with a program 

approved under Section 9004 of Subtitle 

I, compliance with the requirements of 

that program. 

For purposes of these guidelines, an 

on-site inspection includes an 

inspection conducted at the site of each 

underground storage tank, inspection of 

associated equipment, and the review of 

applicable records. Review of applicable 

records and other activities that can be 

accomplished off-site may be combined 

with activities conducted at the site of 

the underground storage tank to fulfill 

the on-site inspection requirement. Desk 

audits, self-certifications, information 

request letters, and any other such 

activities are not sufficient by 

themselves to fulfill the on-site 

inspection requirements. However, 

information obtained from such 

activities may be used in conjunction 

with the on-site inspection to satisfy the 

on-site inspection requirement. At a 

minimum, an on-site inspection must 

assess compliance with the following: 

• 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 

A state does not need to make a 

compliance determination at the time of 

the inspection in order for the 

inspection to qualify as an on-site 

inspection under these grant guidelines. 

However, the individual performing the 

inspection or the state underground 

storage tank implementing agency must 

request from the owner or operator all 

information needed to make a 

compliance determination. EPA 

encourages states to make a compliance 

determination in a timely manner. 

States should generally continue to 

conduct enforcement activities as 

appropriate to address any 

noncompliance with applicable 

underground storage tank program 

requirements; however, these guidelines 

do not address the nature or scope of 

such enforcement activities. 

Who May Perform the On-Site 

Inspection? 

An on-site inspection of an 

underground storage tank must be 

conducted by one of the following: 

• EPA inspector. 

• A state underground storage tank 

implementing agency inspector. 

• Other state or local agency 

inspector the state underground storage 

tank implementing agency has duly 

designated, in accordance with state 

procedures, to conduct underground 

storage tank inspections. 

• A contractor EPA or a state 

underground storage tank implementing 

agency has duly designated to conduct 

underground storage tank inspections. 

• A private underground storage tank 

inspector 2 (private inspector) operating 

under a third-party inspection program 

as described below. 

Solely for the purposes of these grant 

guidelines, a third-party inspection 

program is a state program in which a 

state-authorized private inspector is 

paid by the owner or operator of an 

underground storage tank to perform an 

on-site inspection. At a minimum, states 

choosing to implement a third-party 

inspection program must meet the 

following requirements: 

• Private inspectors must be certified, 

licensed, or registered by the state to 

perform on-site inspections. At a 

minimum, private inspectors must meet 

the following requirements: 

—Be trained in the state-specific 

inspection protocols and procedures, 

and perform inspections pursuant to 

such protocols and procedures. 

—Successfully complete the state’s 

required training program. The 

training program for private 

inspectors must be comparable to the 

training program for state inspectors. 

• Third-party inspection programs 

must require private inspectors to meet 

conflict of interest requirements 

developed by the state. At a minimum, 

private inspectors must not be: The 

owner or operator of the underground 

storage tank; an employee of the owner 

or operator of the underground storage 

tank; or a person having daily on-site 

responsibility for the operation and 

maintenance of the underground storage 

tank. 

• Third-party inspection programs 

must use an inspection report form 

developed by the state that covers the 

requirements identified in the What Are 

The Requirements For The On-Site 

Inspection? section of these guidelines. 

As previously indicated, not all required 

activities have to be conducted at the 

site. Review of applicable records and 

other activities that can be 

accomplished off-site may be combined 

with activities conducted at the site to 

fulfill the on-site inspection 

requirement. 

• Private inspectors must complete 

and submit the inspection report to the 

state underground storage tankimplementing agency in the manner and 

time frame established by the state. 

States must either require that private 


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inspectors retain inspection related 

documentation in a comparable manner 

to state inspectors or submit the 

documentation to the state. The state 

must review each inspection report and 

make a compliance determination for 

each site. 

• Third-party inspection programs 

must contain an audit program, 

developed by the state, to monitor 

private inspectors on a routine basis. 

The audit program must include a 

sufficient number of on-site inspections 

to effectively assess inspector 

performance. 

• States must retain the capability to 

conduct: Audits of inspections 

conducted by private inspectors; forcause inspections (e.g., inspections 

conducted as a result of a complaint); 

and inspections of other underground 

storage tank sites that the state 

determines warrant an on-site 

inspection. The state underground 

storage tank agency or another duly 

designated state or local agency must 

perform a sufficient number of these 

inspections so the state retains the 

capacity to perform on-site inspections 

and maintains the integrity of the thirdparty inspection program. 

• If a private inspector fails to 

demonstrate to the state adequate 

competence and proficiency to perform 

underground storage tank inspections, 

or the state otherwise determines it is 

not appropriate for the private inspector 

to conduct on-site inspections as part of 

a third-party inspection program, the 

state must take appropriate action 

against the private inspector. 

Appropriate action should generally be 

defined by the state in its third-party 

inspection program and may include 

enforcement mechanisms such as: 

Temporary suspension or permanent 

revocation of the private inspector’s 

certification, license, or registration; 

fines, penalties, retraining, and 

examination; or any other action the 

state deems appropriate to include as an 

enforcement mechanism against the 

private inspector. 

States implementing a third-party 

inspection program as of the published 

date of these guidelines in the Federal 

Register have until August 8, 2010 to 

meet the third-party inspection program 

requirements described above. States 

that implement a third-party inspection 

program after the published date of 

these guidelines in the Federal Register 

must meet the requirements at the time 

the program is implemented. 

What Are the Reporting Requirements to 

EPA? 

Each state that receives Subtitle I 

funding must report to EPA the number 

of on-site inspections conducted during 

the reporting period as part of its 

quarterly or semi-annual performance 

report. 

How Will States Demonstrate 

Compliance With These Guidelines? 

After August 8, 2007, and before 

receiving future grant funding, states 

must provide one of the following to 

EPA: 

• For a state that has met the 

inspection requirements, the state must 

submit a certification indicating that the 

state meets the requirements in these 

guidelines. 

• For a state that has not yet met the 

requirements for inspections, the state 

must provide a document that describes 

the state’s efforts to meet the 

requirements. This document must 

include: 

—A description of the state’s 

activities to date to meet the 

requirements in these 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 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 About the 

Inspection Grant Guidelines 

Visit the EPA Office of Underground 

Storage Tank’s 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 

BILLING CODE 6560–50–P 


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Dated: May 2, 2007. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 07–2266 Filed 5–8–07; 8:45 am] 

BILLING CODE 6560–50–C 

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. 

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 

mcneely.steven@epa.gov 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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