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

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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

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Underground Storage Tank Srant Guidelines                                      Public Record
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            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.

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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

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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

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Underground Storage Tank Srant Guidelines                                      Public Record
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      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

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      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.

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     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.

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            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

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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.

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Underground Storage Tank Srant Guidelines                                               Public Record
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    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

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                              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

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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

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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

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