[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44523-44528]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-67]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8451-6]
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 the operator training grant guidelines for states that
receive underground storage tank (UST) funds from EPA. In this notice,
EPA is publishing the operator training grant guidelines in their
entirety. In addition, EPA will subsequently make the guidelines
available on EPA's Web site. EPA developed the 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 operator
training grant guidelines are available as of August 8, 2007.
ADDRESSES: In addition to publishing the operator training grant
guidelines here, EPA will post the operator training grant guidelines
on our Web site at: http://www.epa.gov/oust/fedlaws/epact_05.htm#Final.
You may also obtain paper copies from the National
Service Center for Environmental Publications (NSCEP), EPA's
publications distribution warehouse. You may 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 301-604-
3408. Ask for: Grant Guidelines to States for Implementing the Operator
Training Provision of the Energy Policy Act of 2005 (EPA 510-R-07-005,
August 2007).
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, titled the
Underground Storage Tank Compliance Act of 2005, contains amendments to
Subtitle I of the Solid Waste Disposal Act. This is the first federal
legislative change for the underground storage tank (UST) program since
its inception over 20 years ago. The UST provisions of the law
significantly affect federal and state UST programs, require major
changes to the programs, and are aimed at further reducing UST releases
to our environment. Among other things, the UST provisions of the
Energy Policy Act require that states receiving funding under Subtitle
I comply with certain requirements contained in the law. OUST worked,
and is continuing to work, with its partners to develop grant
guidelines that EPA regional tank programs will incorporate into
states' grant agreements. The 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 operator training grant guidelines. In
April 2007, EPA published in the Federal Register a draft of the
operator training grant guidelines. EPA considered comments and today
is publishing the operator training grant guidelines. EPA will
incorporate these guidelines 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. Section 601 et.) or
Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments. Although this action does create new
binding legal requirements, such requirements do not substantially and
directly affect tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Although this grant action does not have significant
federalism implications
[[Page 44524]]
under Executive Order 13132 (64 FR 43255, August 10, 1999), EPA
consulted with states in the development of these grant guidelines.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866. This action
does not involve technical standards; thus, the requirements of Section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. Section 272 note) do not apply. This action does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. Section 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take effect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Since this final action will contain legally binding
requirements, it is subject to the Congressional Review Act, and EPA
will submit a report to Congress containing this final action prior to
the publication of this action in the Federal Register.
Grant Guidelines to States for Implementing the 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?
How May States Ensure All Operators Are Trained in Accordance With
These Guidelines?
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: 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 as required by the
operator training provision in Section 9010(a) of the Solid Waste
Disposal Act (SWDA), enacted by the Underground Storage 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.
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 applicable 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).
[[Page 44525]]
How Does a State Implement These Guidelines?
A state implements these guidelines by:
Requiring operator training for all operators in each
class.
Developing state-specific operator training requirements
consistent with EPA's guidelines by August 8, 2009. 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; and
Be appropriately communicated to tank owners and
operators.
Establishing a procedure to identify individuals who are
required to be trained under the operator training requirements
specified in these guidelines.
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?
For purposes of implementing the operator training requirements,
these guidelines establish three classes of operators identified as
Class A, Class B, and Class C. Each underground storage tank system or
group of underground storage tank systems at a facility must have a
Class A, Class B, and Class C operator designated. All 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.
Because an individual may be designated for more than one operator
class, states may allow a training approach that encompasses training
for more than one operator class.
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 or group of underground storage tank
systems at a facility, at least one name for each class of operator
outlined in these guidelines.
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.
There may be occasions when a Class A, Class B, or Class C operator
will not be present at the facility. For example, operators are
frequently not present at unmanned facilities, such as emergency
generators at telecommunication towers and card lock/card access
facilities. However, these operators are still responsible for
operation and maintenance activities or responding to emergencies and
must be trained according to these guidelines.
To assist states in identifying responsible individuals to be
trained pursuant to these guidelines, the following sections
characterize, in general terms, each class of operator. These sections
also identify general training requirements pertaining to operating and
maintaining underground storage tank systems. See Appendix (The Three
Operator Classes At A Glance) which describes the operator classes and
the objectives of training requirements. States must further specify
training for each individual class of operator by developing state-
specific training requirements.
Class A Operator
A Class A operator has primary responsibility to operate and
maintain the underground storage tank system. The Class A operator's
responsibilities include managing 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 and standards necessary to
operate and maintain the underground storage tank system (i.e., 40 CFR
part 280 or requirements of a state underground storage tank program
approved by EPA under SWDA Section 9004). 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 underground
storage tank 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 underground storage tank system
requirements so he or she can make informed decisions regarding
compliance and ensure appropriate individuals are fulfilling operation,
maintenance, and recordkeeping requirements and standards of 40 CFR
part 280 or requirements and standards 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
A Class B operator implements applicable underground storage tank
regulatory requirements and standards (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 implements
day-to-day aspects of operating, maintaining, and recordkeeping for
underground storage tanks at one or more facilities. For example, this
individual typically monitors, maintains, and ensures:
Release detection method, 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 more narrow breadth
of applicable regulatory requirements.
States may require either site-specific operator training, which is
focused only
[[Page 44526]]
on equipment used at the underground storage tank facility, or broader
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. A state may want to
establish a schedule for phasing in the training over this time.
After August 8, 2012, states must require operators be trained as
follows:
Class A and Class 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.
If a state determines an underground storage tank system is out of
compliance, appropriate operator(s) must be retrained. States may
determine whether both Class A and Class B operators are retrained, or
if only one class of operator (either Class A or Class B) is retrained.
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: 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. States
requiring at least annual operator training that covers all operator
class requirements would meet retraining requirements.
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 include in-class, on-line, 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 might need to establish criteria 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
operator knowledge as 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.
To address operators responsible for underground storage
tank systems in multiple states, states may develop a program that
accepts operator training verification from other states.
Any combination of the above listed operator training
approaches or comparable training approaches recognized by the state.
How May States Ensure All Operators Are Trained in Accordance With
These Guidelines?
States must have a system in place for ensuring all operators are
trained in accordance with these guidelines. The following are some
examples for meeting this requirement.
Require owners or operators maintain records documenting
the training received for all Class A, Class B, and Class C operators
either: At the underground storage tank site and immediately available
for inspection by the implementing agency; or at a readily available
alternative site and be provided for inspection to the implementing
agency upon request.
Require owners or operators report Class A, Class B, and
Class C operator compliance to the implementing agency.
What Enforcement Authority Must States Have for Operator Training?
At a minimum, states must have comparable enforcement authorities
for their operator training requirements as they have 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:
[[Page 44527]]
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. The Agency will establish terms and
conditions on grants and cooperative agreements for underground storage
tank activities to require compliance with applicable requirements as a
condition of funding. EPA will address noncompliance with these terms
and 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.--The Three Operator Classes At A Glance
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Class A Operator Class B Operator Class C Operator
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Who fits this class of operator? The individual who The individual who is The individual who is
generally focuses on generally responsible generally the first
the statutory and for field line of response to
regulatory implementation of events indicating
requirements related applicable underground emergency conditions
to operating and storage tank or responding to
maintaining the regulatory alarms.
underground storage requirements and
tank system. implements day-to-day
aspects of operating,
maintaining, and
recordkeeping for USTs
at one or more
facilities.
What is the objective of the training Ensure broad knowledge Ensure in-depth Ensure knowledge of
requirements? of regulatory knowledge of actions to take in the
requirements. implementing event of a leak or
regulatory other emergency.
requirements.
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BILLING CODE 6560-50-P
[[Page 44528]]
[GRAPHIC] [TIFF OMITTED] TN08AU07.043
Dated: August 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E7-15493 Filed 8-7-07; 8:45 am]
BILLING CODE 6560-50-C