17896 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

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. 

Respondents/Affected Entities: 

Owners or operators of magnetic tape 

manufacturing operations. 

Estimated Number of Respondents: 6. 

Frequency of Response: Initially, on 

occasion, semiannually, quarterly. 

Estimated Total Annual Hour Burden: 

3,395. 

Estimated Total Annual Cost: 

$264,722, which includes $11,000 

annualized capital cost, $36,000 O&M 

costs, and $217,722 labor costs. 

Changes in the Estimates: There is no 

change in the labor hours, or cost in this 

ICR compared to the previous ICR. This 

is due to two considerations. First, the 

regulations have not changed during the 

past three years and are not anticipated 

to change in the next three years. 

Second, the growth rate for the industry 

is very low, negative, or non-existent, so 

there is no significant change in the 

overall burden. Because there are no 

changes in the regulatory requirements 

and there is no significant industry 

growth, the labor hours and cost figures 

in the previous ICR are used in this ICR, 

and there is no change in burden to 

industry. 

Dated: March 30, 2007. 

Oscar Morales, 

Director, Collection Strategies Division. 

[FR Doc. E7–6712 Filed 4–9–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8297–1] 

Science Advisory Board Staff Office; 

Notification of a Public Meeting of the 

Science Advisory Board Committee on 

Valuing the Protection of Ecological 

Systems and Services (C–VPESS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

public meeting of the SAB Committee 

on Valuing the Protection of Ecological 

Systems and Services (C–VPESS) to 

discuss a draft committee report related 

to valuing the protection of ecological 

systems and services. 

DATES: A public meeting of the C–

VPESS will be held from 8:30 a.m. to 

5:30 p.m. (Eastern Time) on May 1, 2007 

and from 8:30 a.m. to 2 p.m. (Eastern 

Time) on May 2, 2007. 

ADDRESSES: The meeting will take place 

at the SAB Conference Center, 1025 F 

Street, NW., Suite 3700, Washington, 

DC 20004. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing to obtain 

general information concerning this 

public teleconference may contact Dr. 

Angela Nugent, Designated Federal 

Officer (DFO), via telephone at: (202) 

343–9981 or e-mail at: 

nugent.angela@epa.gov. General 

information concerning the EPA Science 

Advisory Board can be found on the 

EPA Web site at: http://www.epa.gov/ 

sab. 

SUPPLEMENTARY INFORMATION: The SAB 

was established by 42 U.S.C. 4365 to 

provide independent scientific and 

technical advice, consultation, and 

recommendations to the EPA 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal advisory committee 

chartered under the Federal Advisory 

Committee Act (FACA), as amended, 5 

U.S.C., App. The SAB will comply with 

the provisions of FACA and all 

appropriate SAB Staff Office procedural 

policies. 

Background: Background on the SAB 

C–VPESS and its charge was provided 

in 68 FR 11082 (March 7, 2003). The 

purpose of the meeting is for the SAB 

C–VPESS to discuss a draft advisory 

report calling for expanded and 

integrated approach for valuing the 

protection of ecological systems and 

services. 

These activities are related to the 

Committee’s overall charge: to assess 

Agency needs and the state of the art 

and science of valuing protection of 

ecological systems and services and to 

identify key areas for improving 

knowledge, methodologies, practice, 

and research. 

Availability of Meeting Materials: 

Agendas and materials in support of the 

May 1–2 meeting will be placed on the 

SAB Web Site at: http://www.epa.gov/ 

sab/ in advance of the meeting. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

information for the SAB to consider 

during the advisory process. 

Oral Statements: In general, 

individuals or groups requesting an oral 

presentation at a public meeting will be 

limited to five minutes per speaker, 

with no more than a total of one hour 

for all speakers. Interested parties 

should contact Dr. Nugent, DFO, at the 

contact information noted above by 

April 23, 2007 to be placed on the 

public speaker list for the May 1–2, 

2007 meeting. 

Written Statements: Written 

statements should be received in the 

SAB Staff Office by April 23, 2007, so 

that the information may be made 

available to the SAB for their 

consideration prior to this meeting. 

Written statements should be supplied 

to the DFO in the following formats: one 

hard copy with original signature, and 

one electronic copy via e-mail to 

nugent.angela@epa,.gov (acceptable file 

format: Adobe Acrobat PDF, 

WordPerfect, MS Word, MS PowerPoint, 

or Rich Text files in IBM–PC/Windows 

98/2000/XP format). 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Dr. Angela 

Nugent at (202) 343–9981 or 

nugent.angela@epa.gov. To request 

accommodation of a disability, please 

contact Dr. Nugent, preferably at least 

10 days prior to the meeting to give EPA 

as much time as possible to process 

your request. 

Dated: April 4, 2007. 

Anthony Maciorowski, 

Deputy Director, EPA Science Advisory Board 

Staff Office. 

[FR Doc. E7–6713 Filed 4–9–07; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 


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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: 

OUST_Operator_Training@epa.gov. 

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 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, 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 


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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 as of the date of enactment of 

state-specific operator training 

guidelines. 

• 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 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: 

• Exercising the authority to require 

operator training for all operators in 

each class; 

• 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: 

• Be developed in cooperation with 

tank owners and operators; 

• Take into consideration training 

programs implemented by tank 

owners and tank operators as of 

August 8, 2005; and 

• Be appropriately communicated 

to tank owners and operators. 

• Establishing a procedure to identify 

persons who are required to be trained 

under the operator training 

requirements specified in these 

guidelines; and 

• 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: 

• Class A operator—Individuals 

having primary responsibility for on-site 

operation and maintenance of 

underground storage tank systems. 

• Class B operator—Individuals 

having daily on-site responsibility for 

the operation and maintenance of 

underground storage tank systems. 

• 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. 


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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 statespecific 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): 

• Properly operate and maintain the 

underground storage tank system. 

• Maintain appropriate records. 

• Are trained to: Operate and 

maintain the UST 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 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: 

• 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 

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: 

• Release detection method 

performance, 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 

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: 

• 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. 

After August 8, 2012, states must 

require operators be trained as follows: 

• 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. 

• 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: 

• Does not meet EPA’s Significant 

Operational Compliance requirements 

for release prevention and release 

detection measures identified at: 


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1States may formally or informally establish 

criteria they deem appropriate to determine the 

suitability of any training provider or curriculum of 

training courses provided. 

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. 

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 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. 

• 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. 

• For Class C operator training, the 

state may accept training conducted by 

a trained Class A or Class B operator at 

the facility. 

• 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: 

• 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: 

• 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. 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 


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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17901 


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17902 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2006–0958; FRL–8297–2] 

Expedited Approval of Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: This action announces the 

Environmental Protection Agency’s 

(EPA’s) intent to implement an 

expedited process for approving 

alternative testing methods for existing 

regulations for drinking water 

contaminants. The Safe Drinking Water 

Act (SDWA) authorizes EPA to approve 

the use of alternative testing methods 

through publication of a notice in the 

Federal Register instead of through 

rulemaking procedures. EPA plans to 

use this streamlined authority to make 

additional methods available for 

analyzing drinking water compliance 

and unregulated contaminant 

monitoring samples. This expedited 

approach will provide public water 

systems, laboratories, and primacy 

agencies with more timely access to new 

measurement techniques and greater 

flexibility in the selection of analytical 

methods, thereby reducing monitoring 

costs while maintaining public health 

protection. 

This notice requests comments on 

implementation aspects of the expedited 

method approval process. 

DATES: Comments must be received on 

or before June 11, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OW–2006–0958, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: OW–Docket@epa.gov. 

• Fax: (202) 566–1749. 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 4101T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2006–

0958. All comments received will be 

included in the public docket without 

change and may be made available 

online at 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 

www.regulations.gov or e-mail. The 

www.regulations.gov Web site 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 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Section I.B 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Water Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Snyder Fair, Technical Support 

Center, Office of Ground Water and 

Drinking Water (MS 140), 

Environmental Protection Agency, 26 

West Martin Luther King Drive, 

Cincinnati, OH 45268; telephone 

number: 513–569–7937; e-mail address: 

fair.pat@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

This action itself does not impose any 

requirements on anyone. Instead, it 

notifies interested parties of EPA’s 

intent to implement an expedited 

approval process for alternative testing 

procedures used to measure 

contaminants in drinking water and 

seeks comments on options for 

implementing the process. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit 

confidential business information to 

EPA through www.regulations.gov or email. 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. 

Your comments will be most helpful if 

you remember to: 

• Identify the action by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• 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. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 


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