[Federal Register: November 21, 2006 (Volume 71, Number 224)]
[Notices]
[Page 67350-67351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no06-41]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8245-1]
Draft Grant Guidelines for States Regarding: Inspection Provision
and State Compliance Report on the Government Underground Storage Tanks
Provision; 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 of
the future availability of draft grant guidelines for states regarding
the inspection provision and state compliance report on the government
underground storage tanks (USTs) provision. EPA is developing these two
grant guidelines to help states comply with requirements for receiving
funding under Subtitle I of the Solid Waste Disposal Act as established
in Title XV, Subtitle B of the Energy Policy Act of 2005. EPA is asking
the public to review and comment on the guidelines as they become
available. EPA encourages interested stakeholders to regularly check
EPA's Web site at: http://www.[fxsp0]epa.[fxsp0]gov/[fxsp0]oust/
[fxsp0]fedlaws/[fxsp0]epact--05.[fxsp0]htm#Drafts where we will post
the draft guidelines as they become available over the next several
months. You also may send an e-mail to OUST--Energy--[fxsp0]Policy--
Act--[fxsp0]Email--[fxsp0]List@epa.[fxsp0]gov requesting that we notify
you when the drafts are posted on EPA's Web site. If you previously e-
mailed a request to be included on this list, there is no need for you
to do so again.
DATES: EPA anticipates the draft grant guidelines will become available
between November 21, 2006 and March 31, 2007.
ADDRESSES: EPA will post the draft grant guidelines on our Web site at:
http://www.epa.gov/[fxsp0]oust/fedlaws/[fxsp0]epact--
05.[fxsp0]htm#Drafts as they become available over the next several
months. You also may send an e-mail to OUST--[fxsp0]Energy--Policy--
[fxsp0]Act--Email-- List@epa.[fxsp0]gov requesting that we notify you
when the drafts are posted on EPA's Web site. If you previously e-
mailed a request to be included on this list, there is no need for you
to do so again. After the draft grant guidelines are posted on EPA's
Web site, paper copies will be available from the National Service
Center for Environmental Publications (NSCEP), EPA's publications
distribution warehouse. You may request copies from NSCEP by calling 1-
800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH
45242-0419; or faxing your request to NSCEP at 513-489-8695.
FOR FURTHER INFORMATION CONTACT: For draft grant guidelines regarding
inspection provision: Tim Smith, EPA's Office of Underground Storage
Tanks, at smith.timr@epa.gov or 703-603-7158. For draft grant
guidelines regarding State compliance report on government USTs
provision: Steven McNeely, EPA's Office of Underground Storage Tanks,
at mcneely.steven@epa.[fxsp0]gov or 703-603-7164.
SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the
Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled
the Underground Storage Tank Compliance Act of 2005, contains
amendments to Subtitle I of the Solid Waste Disposal Act, the original
legislation that created the underground storage tank program. This is
the first federal legislative change for the 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. Some of the UST provisions of the Energy Policy Act
were implemented by August 2006; other provisions will need to be
implemented in subsequent years. See EPA's Web site at: http://www.epa.gov/
[fxsp0]oust/fedlaws/[fxsp0]epact--05.[fxsp0]htm for more
information about the UST provisions of the Energy Policy Act.
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. Following enactment of the
new law, OUST worked, and is continuing to work, with its partners to
develop grant guidelines which EPA regional tank programs will
incorporate into States' grant agreements. The guidelines will provide
states, which receive UST funds, with specific requirements based
[[Page 67351]]
on the UST provisions of the Energy Policy Act for their State UST
programs.
To implement the law, OUST, EPA regions, and States are working
closely with tribes, other Federal agencies, tank owners and operators,
UST equipment industry, and other stakeholders to bring about the
mandated changes affecting UST programs. Over the next several months,
EPA expects to issue draft grant guidelines regarding the inspection
provision and state compliance report on government USTs provision.
Once the guidelines are issued and become effective, EPA regions
will incorporate the guidelines in 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.
The Agency is providing the public with an opportunity to comment
on the two draft grant guidelines when they become available by
following the process specified below. As provided in 5 U.S.C.
553(a)(2), the grant guidelines are exempt from the notice and comment
rule-making procedures. Consequently, EPA will not establish a public
docket for comments and may not issue separate responses to comments
when we issue the final guidelines.
EPA encourages interested stakeholders to regularly check EPA's Web
site at: http://www.[fxsp0]epa.[fxsp0]gov/[fxsp0]oust/fedlaws/
[fxsp0]epact--05.[fxsp0]htm#Drafts where we will post the draft
guidelines as they become available over the next several months. You
may also send an e-mail to OUST--[fxsp0]Energy--[fxsp0]Policy--
[fxsp0]Act--[fxsp0]Email--[fxsp0]List@epa.[fxsp0]gov requesting that we
notify you when the drafts are posted on EPA's Web site. If you
previously e-mailed a request to be included on this list, there is no
need for you to do so again. As each draft guideline is posted on EPA's
Web site, we will accept comments on each for 30 days. EPA's Web site
will provide information about document availability and specific
public comment periods. You may submit comments by e-mail, facsimile,
or mail as described on EPA's Web site. After the draft guidelines are
posted on EPA's Web site, paper copies will be available from NSCEP,
EPA's publications distribution warehouse upon request. You may request
copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP,
Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP
at 513-489-8695.
After considering public comments, EPA will issue final grant
guidelines which EPA regions will incorporate into states' grant
agreements.
Dated: November 15, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E6-19745 Filed 11-20-06; 8:45 am]
BILLING CODE 6560-50-P