Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 Grant Guidelines To States For Implementing The Public Record Provision Of The Energy Policy Act Of 2005 U.S. Environmental Protection Agency Office Of Underground Storage Tanks Washington, D.C. 20460 www. epa.gov/oust EPA-510-D-06-004 June 2006 ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 Contents Overview Of The Public Record Grant Guidelines 1 Why Is EPA Issuing These Guidelines? 1 What Is In These Guidelines? 1 When Do These Guidelines Take Effect? 1 Public Record Requirements 2 When Must States Develop, Implement, And Update The Public Record Requirements? 2 How Must States Make The Public Record Available? 3 What Must The Public Record Contain? 3 Minimum Public Record Content 3 Number, Sources, And Causes Of LIST Releases And Data On Equipment Failures 5 How Must States Ensure The Quality Of The Public Record Data? 7 How Will States Demonstrate Compliance With These Guidelines? 7 How Will EPA Enforce States' Compliance With The Requirements In These Guidelines? 7 For More Information About The Secondary Containment Grant Guidelines 9 Background About The Energy Policy Act Of 2005 9 Appendices Appendix A - Sample Public Record - Summary Information On Underground Storage Tanks (USTs) A-1 Appendix B - Sample Additional Information For Site-Specific Public Records B-1 Appendix C - Sample Release Data-Gathering Form On Underground Storage Tanks (USTs) C-1 ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 Overview Of The Public Record 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 public record provision in §9002(d)(1) 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. Subsection (c) of Section 1526 of the Energy Policy Act amends Section 9002 in Subtitle I of the Solid Waste Disposal Act to add requirements for states to maintain, update, and make available to the public a record of underground storage tanks (USTs) regulated under Subtitle I. EPA must require each state that receives funding under Subtitle I to meet the public record requirements. Subsection (d) of Section 9002 in Subtitle I requires EPA to prescribe the manner and form of the public record, and says that, to the maximum extent practicable, the public record of a state must include: • The number, sources, and causes of underground storage tank releases in the state. • The record of compliance by underground storage tanks in the state with Subtitle I or a state program approved under section 9004 of Subtitle I. • Data on the number of underground storage tank equipment failures in the state. EPA's Office of Underground Storage Tanks (OUST) is issuing these grant guidelines to establish the minimum requirements states must meet in order to comply with the public record requirements in the Energy Policy Act. What Is In These Guidelines? These guidelines describe the minimum requirements for public record that a state's underground storage tank program must meet under Subsection (c) of Section 1526 of the Energy Policy Act in order for a state to comply with statutory requirements for Subtitle I. These guidelines address: developing, implementing, and updating the public record; how states must make the record available to the public; minimum public record content; data quality; and demonstrating and ensuring compliance with these guidelines. When Do These Guidelines Take Effect? A state must develop a program for gathering information and begin gathering data to meet the public record requirement by October 1, 2007. ------- Underground Storage Tank Srant Guidelines Draft For Public Comment Only - 6/7/O6 Public Record Public Record Requirements When Must States Develop, Implement, And Update The Public Record Requirements? In 2007, state underground storage tank programs must: Deadlines And Requirements In 2007 Deadline September 30, 2007 October 1 , 2007 States Must Develop program for gathering information required for the public record Begin gathering data to meet the public record requirement In years 2008 and beyond, EPA will provide grant guidelines containing additional deadlines for meeting the public record requirements. In the interim, states should be aware of the following anticipated future deadlines and requirements. Anticipated Deadlines And Requirements In Years 2008 And Beyond Deadline September 30, 2008 October 1 , 2008 (and beyond) Approximately December 2008 September 30, 2009 (and beyond) On or before the same day of the next year (for example, on or before approximately December 2009) States Must Complete first year's data-gathering Begin next year's data-gathering Make the public record available to the general public For consistency with data EPA gathers and makes available to the public, states should make available a public record that includes data from October 1 through September 30 of each year. Complete next year's data-gathering Update the public record at least annually ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 How Must States Make The Public Record Available? EPA believes state underground storage tank programs should use a multi- pronged approach to making the public record available. At a minimum, states must make the public record available in electronic format. Each state must develop a web site that does one of the following: • The public record is posted on or downloadable from the internet. This option may be an interactive website that retrieves the information, a web site that lists the information, or a file that is downloadable in electronic format. • The website describes how to receive an electronic copy of the public record (for example via e-mail). In addition, some people may not have access to electronic information. Therefore, states must also make the public record available to those who request the information, but do not have electronic access. Examples of ways to make the public record available in this instance include paper copies or a public reading room. What Must The Public Record Contain? The underground storage tank provisions in §9002(d) of Subtitle I, enacted by the Energy Policy Act of 2005 require that the public record of a state that receives funding under Subtitle I include, to the maximum extent practicable, the number, sources, and causes of underground storage tank releases; the record of compliance by underground storage tanks in the state with Subtitle I or an approved state program; and data on the number of equipment failures in the state. These guidelines require states to provide a public record that, at a minimum, contains the summary information specified below. Appendix A contains a sample public record with summary information. In addition to summary information, the public record must also provide the public with instructions on how to obtain site-specific underground storage tank information on compliance and releases from the state. States may also want to consider providing site-specific information as part of their public record. Appendix B contains a sample of site-specific information and describes suggested data elements for states choosing to provide a site-specific public record. Minimum Public Record Content - At a minimum, the following information must be included in a state's public record. • Public Record Posted Date - This is the date the public record document was made available to the public. • Total LIST Facilities - This is the total number of underground storage tank facilities in the state containing one or more regulated underground storage tanks that are not permanently closed. This number does not include facilities having only underground storage tanks that are excluded or deferred in the regulations ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 in 40 CFR Part 280.10(b) and (c). It does include facilities with underground storage tanks that store fuel solely for use by emergency power generators (the deferral at 280.10(d)). Please note that states may separate temporarily-closed facilities from total facilities as long as they report both numbers. • Total USTs - This is the total number of regulated underground storage tanks at underground storage tank facilities in the state that are not permanently closed. This number does not include underground storage tanks that are excluded or deferred in the regulations in 40 CFR Part 280.10(b) and (c). It does include underground storage tanks that store fuel solely for use by emergency power generators (the deferral at 280.10(d)). Please note that states may separate temporarily-closed underground storage tanks from total underground storage tanks, as long as they report both numbers. • Number Of LIST Facilities Inspected - This is the total number of underground storage tank facilities in the state that had an on-site compliance inspection, as will be defined in the grant guidelines for inspections, conducted between the inspection dates described below. • Inspection Period Dates - These are the two dates between which the inspections listed above were conducted. At a minimum, these dates must cover the 12 month period for which the public record data is gathered. • Percent Compliance - This is the percent of underground storage tank facilities inspected between the inspection period dates described above that were in compliance with EPA or state regulations during the most recent facility inspection. At a minimum, compliance means the facility met the combined performance measure (release detection and release prevention compliance) of the significant operational compliance (SOC) requirements described in EPA's September 30, 2003 memorandum (and attachments) to EPA Regions and states. This document is available on the internet at: http://www.epa.gov/oust/cmplastc/soc.htm. At a minimum, the percent compliance must cover the 12 month period for which the public record data is gathered. • Compliance Measurement Statement - This statement describes the basis for the compliance determination. For example, the compliance rate may be based on the combined performance measure (release detection and release prevention compliance) for significant operational compliance with state or federal underground storage tank requirements. If a state is reporting compliance based on criteria that are more stringent than the combined performance measure for significant operational compliance, the state also must identify that their compliance reporting is more stringent and may list those more stringent requirements. • Release Period Dates - These are the two dates between which the confirmed ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 releases reported in the public record document occurred. At a minimum, these dates must cover the 12 month period for which the public record data is gathered. • Number Of Confirmed Releases - This is the number of incidents (not underground storage tank systems) that occurred between the release period dates described above where the owner/operator has identified a release from a Subtitle I regulated underground storage tank system, reported the release to the state/local or other designated implementing agency, and the state/local implementing agency has verified the release according to state procedures, such as a site visit (including state contractors), phone call, follow-up letter, or other reasonable mechanism that confirmed the release. At a minimum, the number of confirmed releases must cover the 12 month period for which the public record data is gathered. • Number And Percent Of Releases By Source - This is the number and percent of releases attributed to each source. See the information in the Number, Sources, And Causes Of LIST Releases And Data On Equipment Failures section below for descriptions of sources. • Number And Percent Of Causes By Source - This is the number and percent of causes attributed to each source. See the information in the Number, Sources, And Causes Of LIST Releases And Data On Equipment Failures section below for descriptions of causes. Number, Sources, And Causes Of LIST Releases And Data On Equipment Failures - The release source and cause data that must be included in the public record are those associated with a reportable release in 40 CFR Part 280.50 or applicable state regulation. The data on sources and causes of releases also includes data on equipment failures, as required by section 9002(d)(2)(C) of Subtitle I, by providing the piece of equipment that failed (release source) and the reason for the failure (release cause). The following contains the minimum list of sources and causes, including those associated with equipment failures, and provides a short description for each: NOTE: These guidelines require states to provide source and cause information for all releases, including releases from new and upgraded underground storage tanks as well as old, abandoned underground storage tanks (such as, a tank discovered during a property transaction that has been abandoned for decades). Source and cause of release data may be most helpful in identifying the performance and remaining challenges with new and upgraded underground storage tanks. Given that, we are interested in public comment on whether these guidelines would be most helpful to the public if the source and cause data are limited to releases from underground storage tanks that meet the upgrade or new tank standards. ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 • Sources Tank - This term means the underground storage tank that stores the product. Piping - This term means the piping and connectors running from the tank or submersible turbine pump to the dispenser or other end-use equipment. It does not include vent, vapor recovery or fill lines. Dispenser - This term includes the dispenser and equipment used to connect the dispenser to the piping. Submersible Turbine Pump (STP) - This term includes the STP (typically located in the tank sump), the line leak detector, and the piping that connects the STP to the tank. Delivery Problem - This term identifies releases that occurred during product delivery to the tank. Typical causes associated with this source are spills and overfills. Other - Use this option when the release source is known but does not fit into one of the above categories. For example, releases from vent lines, vapor recovery lines, and fill lines would be included in this category. Unknown - Use this option when the source is not known. • Causes Spill - Use this cause when a spill occurs. For example, spills may occur when the delivery hose is disconnected from the fill pipe of the tank or when the nozzle is removed from the vehicle at the dispenser. Overfill - Use this cause when an overfill occurs. For example, overfills may occur from the fill pipe at the tank or when the nozzle fails to shut off at the dispenser. Physical Or Mechanical Damage (Phys/Mech Damage) - Use this cause for all types of physical or mechanical damage except corrosion as described below. Some examples of physical or mechanical damage include: a puncture of the tank or piping, loose fittings, broken components, and components that have changed dimension (for example, elongation or swelling). Corrosion - Use this cause when a metal tank, piping, or other component has a release due to corrosion (for steel, corrosion takes the form of rust). This is a specific type of physical or mechanical damage. ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 Installation Problem - Use this cause when you determine the problem occurred specifically because the underground storage tank system was not installed properly. Note that these problems may be difficult to determine. Other - Use this option when the cause is known but does not fit into one of the above categories. For example, accidentally or intentionally putting regulated substances into a monitoring well would be included in this category. Unknown - Use this option when the cause is not known. Appendix C contains a sample release data-gathering form. How Must States Ensure The Quality Of The Public Record Data? To the maximum extent practicable, states must provide accurate and complete data to the public. States must develop and implement quality assurance practices that will: produce data of quality adequate to meet project objectives; minimize reporting of inaccurate data; and allow for timely updates to the data as changes or corrections occur. How Will States Demonstrate Compliance With These Guidelines? After September 30, 2007, the date by which states must develop a program for gathering the public record information, and before receiving future grant funding, states must provide one of the following to EPA: • For a state that has met the requirements for public record, 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 public record, 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. How Will EPA Enforce States' 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 underground storage tank requirements of the Energy Policy Act. EPA anticipates State and Tribal Assistance Grants (STAG) funds will be available under the ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 2007 Appropriations Act for certain purposes authorized by the Energy Policy Act, and EPA will 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 Part 31.43, as necessary and appropriate. ------- Underground Storage Tank Srant Guidelines Public Record Draft For Public Comment Only - 6/7/O6 For More Information About The Public Record Grant Guidelines Visit the EPA Office of Underground Storage Tanks' website at 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 (entitled 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 (LIST) program. This new law significantly affects federal and state underground storage tank programs, will require major changes to the programs, and is aimed at reducing underground storage tank releases to our environment. The underground storage tank provisions of the Energy Policy Act focus on preventing releases. Among other things, it expands eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund and includes 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/nrq05 01.htm ------- Underground Storage Tank Srant Guidelines Draft For Public Comment Only - 6/7/O6 Public Record Appendix A - Sample Public Record - Summary Information On Underground Storage Tanks (USTs) General Information Total Number Of UST Facilities: Total Number Of USTs: Public Record Posted Date: Summary Information For Inspections Number Of UST Facilities Inspected: Inspection Period Dates Were From: Percent Compliance (Combined Measure): Note: Inspections measure compliance with list more stringent requirements here] To: (SOC, State Regulations, Subtitle I, etc.). [States may Summary Information For Releases Number Of Confirmed UST Releases: _ Release Period Dates Were From: To: Summary Information For Release Sources And Causes Source Tank Piping Dispenser STP Delivery Problem Other Unknown Totals # % Cause Spill # % Overfill # % Phys/Mech Damage # % Corrosion # % Install Problem # % Other # % Unknown # % # = number, % = percent of total number State - If providing summary information only in the public record, provide information here on how the public can obtain site-specific UST information on compliance and releases. A-1 ------- Underground Storage Tank Srant Guidelines Draft For Public Comment Only - 6/7/O6 Public Record Appendix B - Sample Additional Information For Site-Specific Public Records Site-Specific Information For Each Underground Storage Tank (LIST) Facility In State Facility Name Site 1 Site 2 Facility Location Number Of USTs At The Facility Most Recent Inspection Date Compliance? (Yes/No) Release? (Yes/No) Most Recent Release Date (If Any) Additional Information For Site-Specific Public Records - States may want to consider using the following additional data elements when providing site-specific information in the public record. • Facility Name - This is the name of the underground storage tank facility. • Facility Location - This is the location of the underground storage tank facility. At a minimum, the location should be an address (county, city, street, and ZIP Code). In addition, states may also provide a visual depiction (such as a map) or location coordinates such as latitude/longitude. • Number Of USTs At The Facility - This is the number of underground storage tank systems at each facility that are not permanently closed. • Most Recent Inspection Date - This is the date of the most recent inspection for the underground storage tank or underground storage tank facility. • Compliance At Each UST Facility - This identifies whether the underground storage tank facility was in compliance with combined performance measure for significant operational compliance during the most recent inspection. • Confirmed Release At Each UST Facility - This identifies whether the underground storage tank facility had a release during the period covered by the public record. • Most Recent Release Date - This is the date of the most recent release at the underground storage tank facility, if any. B-1 ------- Underground Storage Tank Grant Guidelines Draft For Public Comment Only - 6/7/O6 Public Record Appendix C - Sample Release Data-Gathering Form On Underground Storage Tanks (USTs) General Information UST Facility Name or ID: Date of Release: Source Information - Where did the release come from? D Tank D Piping D Dispenser D Submersible Turbine Pump D Delivery Problem D Other (specify) D Unknown Cause Information - Why did the release occur? D Spill D Overfill D Corrosion D Physical Or Mechanical Damage D Install Problem D Other (specify) D Unknown C-1 ------- |