[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17896-17902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6616]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8295-9]


Draft 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 for public comment draft operator training grant 
guidelines for states. In this notice, EPA is publishing the draft 
operator training grant guidelines in their entirety. In addition, EPA 
will subsequently post the draft on EPA's Web site. EPA will accept 
public comments on the draft guidelines submitted by May 10, 2007.

[[Page 17897]]

Because EPA does not consider this a notice and comment rulemaking 
under the Administrative Procedure Act based on the exemption for grant 
documents (5 U.S.C. 553(a)(2)), EPA will consider but not respond to 
comments and will not establish a rulemaking docket. EPA developed the 
draft 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 draft 
operator training grant guidelines are available for public comments as 
of April 10, 2007 and EPA will accept comments submitted by May 10, 
2007.

ADDRESSES: Submit your comments by one of the following methods:
    1. E-mail: <a href="/cdn-cgi/l/email-protection#6f203a3c3b30201f0a1d0e1b001d303b1d0e06010601082f0a1f0e41080019"><span class="__cf_email__" data-cfemail="e8a7bdbbbcb7a7988d9a899c879ab7bc9a89818681868fa88d9889c68f879e">[email protected]</span></a>.
    2. Facsimile: 703-603-0175.
    3. Overnight, hand delivery, or courier: OUST Operator Training, c/
o Tim R. Smith, U.S. Environmental Protection Agency, 2733 South 
Crystal Drive, Two Potomac Yard (North Building), Room N-4354, 
Arlington, VA 22202 (phone 703-603-7158).
    4. U.S. Postal Service mail: OUST Operator Training, c/o Tim R. 
Smith, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 
NW., Mail Code 5401P, Washington, DC 20460.
    In addition to publishing the draft operator training grant 
guidelines here, EPA will post the draft guidelines on EPA's Web site 
at: http://www.epa.gov/oust/fedlaws/epact_05.htm#Draft. You may also 
obtain paper copies from the National Service Center for Environmental 
Publications (NSCEP), EPA's publications distribution warehouse, 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-D-07-002).

FOR FURTHER INFORMATION CONTACT: Tim R. Smith, EPA's Office of 
Underground Storage Tanks, at <a href="/cdn-cgi/l/email-protection#e0938d899488ce94898d92a0859081ce878f96"><span class="__cf_email__" data-cfemail="7c0f11150814520815110e3c190c1d521b130a">[email protected]</span></a> 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, entitled 
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 draft operator training grant guidelines. 
EPA is seeking public comments on the draft guidelines and will accept 
comments submitted by May 10, 2007. After considering the comments, EPA 
anticipates issuing final operator training grant guidelines in summer 
2007, which EPA will then incorporate 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. 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. 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. 3501 et seq.).

Draft for Public Comment Only--April 10, 2007 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?
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 A: 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 to implement the operator 
training provision in Section 9010(a)(1) of the Solid Waste Disposal 
Act (SWDA), enacted by the Underground Storage

[[Page 17898]]

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:
    <bullet> Persons having primary responsibility for on-site 
operation and maintenance of underground storage tank systems.
    <bullet> Persons having daily on-site responsibility for the 
operation and maintenance of underground storage tank systems.
    <bullet> 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:
    <bullet> State training programs in existence when the guidelines 
are published.
    <bullet> Training programs that are being used by tank owners and 
operators as of August 8, 2005.
    <bullet> The high turnover rate of tank operators and other 
personnel.
    <bullet> The frequency of improvement in underground storage tank 
equipment technology.
    <bullet> The business in which tank operators are engaged.
    <bullet> The substantial differences in the scope and length of 
training needed for the three classes of operators.
    <bullet> 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:
    <bullet> Are consistent with EPA's guidelines.
    <bullet> Are developed in cooperation with tank owners and 
operators.
    <bullet> Consider training programs implemented by tank owners and 
operators as of the date of enactment of state-specific operator 
training guidelines.
    <bullet> 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:
    <bullet> Meet the state-specific training requirements.
    <bullet> Repeat the state-specific training 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).

How Does a State Implement These Guidelines?

    A state implements these guidelines by:
    <bullet> Exercising the authority to require operator training for 
all operators in each class;
    <bullet> Developing state-specific operator training requirements 
consistent with EPA's guidelines within two years of EPA publishing 
these guidelines in the Federal Register. State-specific operator 
training requirements must:
     <bullet> Be developed in cooperation with tank owners and 
operators;
     <bullet> Take into consideration training programs implemented by 
tank owners and tank operators as of August 8, 2005; and
     <bullet> Be appropriately communicated to tank owners and 
operators.
    <bullet> Establishing a procedure to identify persons who are 
required to be trained under the operator training requirements 
specified in these guidelines; and
    <bullet> 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?

    Three classes of operators (i.e., individuals) must be trained. 
These individuals are:
    <bullet> Class A operator--Individuals having primary 
responsibility for on-site operation and maintenance of underground 
storage tank systems.
    <bullet> Class B operator--Individuals having daily on-site 
responsibility for the operation and maintenance of underground storage 
tank systems.
    <bullet> Class C operator--Daily on-site employees having primary 
responsibility for addressing emergencies presented by a spill or 
release from an underground storage tank system.
    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, at least one name for each class of 
operator outlined in these guidelines.
    In accordance with the state's procedure to identify persons who 
are required to be trained, each underground storage tank system must 
have a Class A, Class B, and Class C operator designated. 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. Class 
A, Class B, and Class C operators may or may not be the owner or 
operator defined by 40 CFR 280.12.
    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.

[[Page 17899]]

    The following sections of these guidelines characterize, in general 
terms, each class of operator to further identify responsible 
individuals to be trained pursuant to these guidelines. These sections 
also identify general training requirements pertaining to operating and 
maintaining underground storage tank systems. Operators might perform 
the operation or maintenance task or direct or monitor the required 
activity performed by support or contract personnel. See Appendix A 
(The Three Operator Classes At A Glance) which describes who fits in 
each operator class and the training requirements. States must further 
specify training for each individual class of operator by developing 
state-specific training requirements.
Class A Operator
    Typically, a Class A operator will have primary responsibility to 
operate and maintain the underground storage tank system. This 
individual manages 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 (i.e., 40 CFR part 280 or 
requirements of a state underground storage tank program approved by 
EPA under SWDA section 9004) necessary to operate and maintain the 
underground storage tank system. For example, this individual typically 
ensures that appropriate individual(s):
    <bullet> Properly operate and maintain the underground storage tank 
system.
    <bullet> Maintain appropriate records.
    <bullet> Are trained to: Operate and maintain the UST system, and 
keep records.
    <bullet> Properly respond to emergencies caused by releases or 
spills from underground storage tank systems at the facility.
    <bullet> 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:
    <bullet> A general knowledge of both tank and piping requirements 
so he or she can make informed decisions regarding compliance and 
ensure appropriate individuals are fulfilling operation, maintenance, 
and recordkeeping requirements of 40 CFR part 280 or requirements of a 
state underground storage tank program approved by EPA under SWDA 
section 9004 regarding:
     <bullet> Spill prevention.
     <bullet> Overfill prevention.
     <bullet> Release detection.
     <bullet> Corrosion protection.
     <bullet> Emergency response.
     <bullet> Product compatibility.
    <bullet> Financial responsibility documentation requirements.
    <bullet> Notification requirements.
    <bullet> Release and suspected release reporting.
    <bullet> Temporary and permanent closure requirements.
    <bullet> Operator training requirements.
Class B Operator
    Generally, a Class B operator implements applicable underground 
storage tank regulatory requirements (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 focuses on 
day-to-day aspects of operating, maintaining, and recordkeeping at the 
locations he or she is responsible for. For example, this individual 
typically monitors, maintains, and ensures:
    <bullet> Release detection method performance, recordkeeping, and 
reporting requirements are met.
    <bullet> Release prevention equipment, recordkeeping, and reporting 
requirements are met.
    <bullet> All relevant equipment complies with performance 
standards.
    <bullet> 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 narrower breadth of 
applicable regulatory requirements.
    States may require either site-specific operator training, which is 
focused only on equipment used at the underground storage tank 
facility, or training regarding regulatory requirements that, at a 
minimum, encompass the following:
    <bullet> Components of underground storage tank systems.
    <bullet> Materials of underground storage tank system components.
    <bullet> Methods of release detection and release prevention 
applied to underground storage tank components.
    <bullet> 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:
     <bullet> Spill prevention.
     <bullet> Overfill prevention.
     <bullet> Release detection.
     <bullet> Corrosion protection.
    <bullet> Emergency response.
    <bullet> Product compatibility.
    <bullet> Reporting and recordkeeping requirements.
    <bullet> 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:
    <bullet> Controls or monitors the dispensing or sale of regulated 
substances, or
    <bullet> Is responsible for initial response to alarms or releases.
    At a minimum, the Class C operator must be trained to:
    <bullet> 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.
    After August 8, 2012, states must require operators be trained as 
follows:
    <bullet> Class A and 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.
    <bullet> Class C operators must be trained before assuming 
responsibility for responding to emergencies.
    States must require Class A and Class B operators, as appropriate, 
to repeat relevant state-specific training requirements if their 
underground storage tank systems are determined by the state to be out 
of compliance. At a minimum, an underground storage tank system is out 
of compliance if the system:
    <bullet> Does not meet EPA's Significant Operational Compliance 
requirements for release prevention and release detection measures 
identified at:

[[Page 17900]]

http://www.epa.gov/oust/cmplastc/soc.htm; or
    <bullet> 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.

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:
    <bullet> 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 also include in-class, online, 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 may formally or informally establish criteria they 
deem appropriate to determine the suitability of any training 
provider or curriculum of training courses provided.
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    <bullet> An appropriately administered and evaluated verification 
of operator knowledge (i.e., examination). This determination must be 
accomplished through an operator examination designed to measure all 
aspects of operator knowledge 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.
    <bullet> For Class C operator training, the state may accept 
training conducted by a trained Class A or Class B operator at the 
facility.
    <bullet> Any combination of the above listed operator training 
approaches or equivalent training approaches recognized by the state.

What Enforcement Authority Must States Have for Operator Training?

    At a minimum, states must have enforcement authorities for their 
operator training requirements comparable to those 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:
    <bullet> 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.
    <bullet> 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:
    <bullet> A description of the state's activities to date to meet 
the requirements in the guidelines;
    <bullet> A description of the state's planned activities to meet 
the requirements; and
    <bullet> 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. 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 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 A: The Three Operator Classes at a Glance

[[Page 17901]]

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[GRAPHIC] [TIFF OMITTED] TN10AP07.001



[[Page 17902]]


    Dated: April 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E7-6616 Filed 4-9-07; 8:45 am]
BILLING CODE 6560-50-P


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