Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices 26367 

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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26368 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices 

1This provision, originally identified as 9003(i) 

in the Energy Policy Act, was changed to 9003(j) in 

Public Law 109–168, January 10, 2006. 

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. 

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. 

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 onetime 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: 

• 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 


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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 

Johnson.Stephen@epa.gov 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. 

BILLING CODE 6560–50–P 


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26372 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices 

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] 

BILLING CODE 6560–50–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-HQ-OPP-2006-0936; FRL-8121-5] 

Notice of Filing of Pesticide Petitions 

for Residues of Pesticide Chemicals in 

or on Various Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

initial filing of pesticide petitions 

proposing the establishment or 

modification of regulations for residues 

of pesticide chemicals in or on various 

commodities. 

DATES: Comments must be received on 

or before June 8, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA-HQ-OPP-2006-0936 and 

the pesticide petition number (PP) of 

interest, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S-4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305-5805. 

Instructions: Direct your comments to 

the assigned docket ID number and the 

pesticide petition number of interest. 

EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Bldg.), 2777 

S. Crystal Dr., Arlington, VA. The hours 

of operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: The 

person listed at the end of the pesticide 

petition summary of interest. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 


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