[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: [email protected].
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 [email protected] or (703) 603-7158.
SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the
Energy Policy Act of 2005. Title XV, Subtitle B of this act, 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:
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.
[[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):
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:
[[Page 17900]]
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.
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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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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
[[Page 17901]]
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[[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