510D07001
Underground Storage Tank Program Srant Guidelines State Compliance Report Oil
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Grant Guidelines To States For Implementing
The Provision Of The Energy Policy Act Of 2005
Requiring States To Report On The Compliance Of
Government Underground Storage Tanks
U.S. Environmental Protection Agency
Office Of Underground Storage Tanks
Washington, D.C. 20460
www. epa. gov/oust
EPA510-D-07-001
January 2007
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Underground Storage Tank Program Grant Guidelines State Compliance Report Of)
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Contents
Overview Of The Government Underground Storage Tanks
Compliance Report Grant Guidelines 1
Why Is EPA Issuing These Guidelines? 1
When Do These Guidelines Take Effect? 1
To Whom Do These Guidelines Apply? 1
Requirements For The Government Underground Storage Tanks
Compliance Report 2
What Must A State Compliance Report On Government Underground Storage
Tanks Include? 2
What Definitions Are Used In These Guidelines? 3
When Must A State Submit Its Compliance Report On Government Underground
Storage Tanks? 4
How Will States Demonstrate Compliance With These Guidelines? 4
How Must A State Ensure The Quality Of Its Government Underground Storage
Tanks Report Data? 4
How Will EPA Enforce States' Compliance With The Requirements In These
Guidelines? 4
For More Information On The Government Underground Storage
Tanks Compliance Report Grant Guidelines 5
Background About The Energy Policy Act Of 2005 5
Appendix A -
Sample State Compliance Report On Government Underground
Storage Tanks (USTs) A-1
Description Of Fields On The Sample State Compliance Report On
Government Underground Storage Tanks (USTs) A-2
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Underground Storage Tank Program Srant Guidelines State Compliance Report On
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Overview Of The Government Underground Storage Tanks
Compliance Report 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 provision in Section 9003(j)1 of the
Solid Waste Disposal Act (SWDA), enacted by the Underground Storage Tank
Compliance Act, part of the Energy Policy Act of 2005 [Public Law 109-58] signed by
President Bush on August 8, 2005.
Subsection (b) of Section 1526 of the Energy Policy Act amends Subtitle I of the
Solid Waste Disposal Act by requiring states that receive Subtitle I funding to report on
the compliance status of their government-owned and/or -operated underground
storage tanks (UST). EPA must require each state that receives funding under Subtitle I
to submit a state compliance report on government underground storage tanks no later
than two years after the enactment of the Act. States must submit their compliance
reports to the EPA Administrator. The law specifies that the report:
1. List the location and owner of each underground storage tank that is regulated
under Subtitle I and owned or operated by the federal, state or local
government in the state that, as of the date of submission of the report, is not
in compliance with Section 9003;
2. Specify the date of the last inspection; and
3. Describe the actions that have been and will be taken to ensure compliance of
the government underground storage tank listed.
When Do These Guidelines Take Effect?
States must submit reports to EPA on or before August 8, 2007.
To Whom Do These Guidelines Apply?
Any state receiving Subtitle I funding must submit to EPA a state compliance
report on government underground storage tanks.
1 This provision, originally identified as 9003(i) in the Energy Policy Act, was changed to 9003(j) in Public Law 109-
168, January 10, 2006.
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Underground Storage Tank Program Srant guidelines State Compliance Report OH
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Requirements For The Government
Underground Storage Tanks Compliance Report
What Must A State Compliance Report On Government Underground Storage
Tanks Include?
A state compliance report on government underground storage tanks must
provide the following information for each noncompliant federal-, state- and local-
government underground storage tank in its jurisdiction:
1. The location and owner of each government underground storage tank
that, as of the date of submission of the report,2 is not in compliance with
40 CFR Part 280 or with state requirements that are part of a state
underground storage tank program EPA has approved under the state
program approval (SPA) procedures. At a minimum, states must include
the owner's name; UST identification number(s); facility address(es); city,
county, state, and zip code; and violation citation (i.e., federal and/or state
with program approval citation). The compliance determination should be
based on the following areas3:
• Notification
• Corrosion protection
- Tanks and piping have appropriate corrosion protection
- Documentation available, including testing, inspections, and
other records
• Overfill prevention
• Spill prevention in place and operational
• Tank and piping release detection
- Appropriate method and appropriate equipment or procedures
in place
- Documentation of proper monitoring and testing
• Tanks and piping repairs
• Secondary containment where appropriate
• Financial responsibility
• Temporary closure
2 In order to provide each state agency adequate time to meet the August 8, 2007, reporting submittal deadline, each
state should base its noncompliance determination cutoff on the date that its report was submitted for final review.
3 EPA will make the following list consistent with the final inspection grant guidelines that are currently under review.
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Underground Storage Tank Program Grant Guidelines State Compliance Report OH
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
If a state is reporting compliance based on a determination pursuant to
requirements that are more stringent than Subtitle I, the state should
identify and may list its more stringent requirements.
2. The date of the last on-site inspection conducted for each noncompliant
underground storage tank identified.
3. The actions that have been and will be taken to ensure the compliance of
each noncompliant underground storage tank identified.
See Appendix A for a sample report.
What Definitions Are Used In These Guidelines?
On-site inspection is an inspection that is:
• On-site;
• Conducted by a state, local (when contracted or delegated by a state),
EPA, or certified third-party inspector; and
• Sufficient to determine compliance with federal underground storage
tank requirements in Subtitle I or state requirements that are part of a
state underground storage tank program EPA has approved under the
state program approval (SPA) procedures in 40 CFR Part 281.
Local government shall have the meaning given by applicable state law.
Operator is defined in 40 CFR 280.12 (http://www.epa.gov/oust/fedlaws/280_a.pdf).
Owner is defined in 40 CFR 280.12 (http://www.epa.gov/oust/fedlaws/280_a.pdf).
Underground Storage Tank (UST) has the same meaning as defined in 40 CFR
280.12, except for those tanks identified in 40 CFR 280.10(b) and 280.10(c) as
excluded or deferred (http://www.epa.gov/oust/fedlaws/280_a.pdf).
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Underground Storage Tank Program Grant Guidelines State Compliance Report OR
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
When Must A State Submit Its Compliance Report On Government Underground
Storage Tanks?
Each state that receives Subtitle I funding must submit its government
underground storage tanks compliance report to the EPA Administrator4 on or before
August 8, 2007.
How Will States Demonstrate Compliance With These Guidelines?
After August 8, 2007, and before receiving future grant funding, each state must
provide one of the following to its EPA Regional Office:
1. If a state has submitted its compliance report to the Administrator, nothing
more needs to be submitted, or
2. For a state that has not yet submitted its compliance report, a document that
describes the date by which the state expects to meet the requirements.
How Must A State Ensure The Quality Of Its Government Underground Storage
Tanks Report Data?
To the maximum extent practicable, states must provide accurate and complete
data to EPA. States must use quality assurance practices that will produce data of
quality adequate to meet project objectives and minimize reporting of inaccurate data.
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 certain underground storage tank requirements of Subtitle I. EPA
anticipates State and Tribal Assistance Grants (STAG) funds will be available for
inspection and other UST 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 Part 31.43, as necessary and
appropriate.
4 The mailing address for the EPA Administrator is: Administrator, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, MC 0001, Washington, DC 20460-0001, Re: State Government UST Compliance Report
Submittal.
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Underground Storage Tank Program Grant guidelines State Compliance Report On
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
For More Information On The Government Underground Storage
Tanks Compliance Report Grant Guidelines
Visit the EPA Office of Underground Storage Tanks web site 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 (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
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Underground Storage Tank Program Grant Guidelines
State Compliance Report on
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Appendix A -
Sample State Compliance Report on
Government Underground Storage Tanks (USTs)
Noncompliant Federal-Government USTs
UST ID#
Owner Name
Facility
Address
City
County
State
Zip
Code
Violation Citation
(Federal or
State with Program
Approval)
Date of Last
On-site
Inspection
Action(s) to
Ensure
Compliance
Noncompliant State-Government USTs
UST ID#
Owner Name
Facility
Address
City
County
State
Zip
Code
Violation Citation
(Federal or
State with Program
Approval)
Date of Last
On-site
Inspection
Action(s) to
Ensure
Compliance
Noncompliant Local-Government USTs
UST ID#
Owner Name
Facility
Address
City
County
State
Zip
Code
Violation Citation
(Federal or
State with Program
Approval)
Date of Last
On-site
Inspection
Action(s) to
Ensure
Compliance
A-l
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Underground Storage Tank Program Grant Guidelines
State Compliance Report on
Government Underground Storage Tanks
Draft Deliberative Document - Do Not Cite or Quote —January 18, 2007
Description Of Fields On The Sample State Compliance Report On
Government Underground Storage Tanks (USTs)
LIST ID Number (#) - This is the unique identification number assigned to this underground storage tank in the state's
underground storage tank notification system and/or by its underground storage tank database.
Owner Name - This is the name of the underground storage tank facility and owner.
Facility Address - This is the location of the facility where the noncompliant underground storage tank(s) are located. At a
minimum, the location should be an address (address, county, city, state and zip code). In addition, states may also provide a
visual depiction (such as a map) or location coordinates (such as latitude/longitude).
Violation Citation (Federal or State with Program Approval) - This is the citation for the violation(s) that prompted the
noncompliance determination.
Date of Last On-site Inspection - This is the date of the most recent on-site inspection for the underground storage tank or
facility.
Action(s) to Ensure Compliance - This field provides a means for a state to denote the actions that have and will be taken to
ensure the compliance of a noncompliant government underground storage tank identified in its report. As an example, states
may use the numbered actions below when completing the report:
1 Formal action (e.g., red tag and other major penalty actions taken),
2 Informal action (e.g., notice to comply/violations issued),
3 Negotiating settlement (e.g., settlement deliberations are in progress),
4 Undetermined, or
5 Other (please describe).
A-2
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