510-B-95-004
STATE-EPA STRATEGY FOR ENCOURAGING EARLY COMPLIANCE
WITH UST UPGRADE/REPLACE/CLOSURE REQUIRE^m^
February 1995 |
By December 1998, underground storage tank (UST) systems must be equipped with
corrosion protection and spill and overfill prevention. Tanks not
Epr- oo
EPA efforts jo encourage early compliance with these requirements. EPA's Office of
'SSSS3fn2ST Tanks (OUS?o Adtvelop^ *• stra*gy * «***»*** **
UST/LUST program managers in EPA's Regional Offices and with: the UST Task Force of
the Association of State and Territorial Solid Waste Management Officials
This document identifies many steps that State and local agencies can take to
early comphance. DON'T WATT UNTIL 1998 is the theme. ASTSWMO 5«£ a
E^™™
EPA s 1995 UST/LUST National Conference. In addition, EPA expects to provide
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The extent to which State and local agencies use the ideas
presented ^ere and in the ASTSWMO handbook is mp to
them.- ' • . •'" • -•,.'..• • I . '• . . _ .. " • .
J&isuriiig ^at UST facilities come into eomplianas will require
a multi-faceted and sustained ^effort over the next ftaw years.
ASTSWMO and EPA urge State and local agencies to devise
and use innovative approaches wherever traditional methods
are not appropriate or effective.
The re^mente fte spiff and o^^
Septembe^^ w^
tap^aM '
Pfans to extend the deadline; State and local
owners and operators who postpone the nece-saiy action
and thus miss the deadline will be subject to penalties for
violation of Federal and State laws. ..-"•
-^ '•*? ?A ^ annUaUy asstss progicss ^«o«ihigfag early compliance and, as
necessary, make improvements to this strategy. ^
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BACKGROUND
Environmental contamination caused by releases from UST systems is a widespread
problem that often affects ground water and poses other hazards to human health and safety
and the environment. The extent of the problem is apparent in the numbers of releases
already known to have occurred. More than 270,000 have been confirmed-34,000 of them
in 1994 alone. To prevent such environmental contamination from continuing indefinitely,
new UST systems must meet EPA/State standards aimed at preventing releases and UST
systems in existence before December 1988 must be upgraded to meet those standards.
EPA estimates that there are now 1.2 million active underground storage tanks. A
survey completed several months ago by the Petroleum Equipment Institute (PEI) indicated
that about 400,000 are already in compliance with the requirements for spill and overfill
prevention and corrosion protection. Thus, with less than four years remaining before the
deadline, 800,000 tanks (and lines) still have to be upgraded, replaced, or closed.
Ensuring that such a large number of UST systems comes into compliance poses a
substantial challenge. The ownership of this tank population is diverse; it includes both
petroleum marketers and non-marketers. Many UST owners have limited economic and
technological capabilities. Getting information to them is not very difficult; ensuring that
they pay attention to it is.
Many of the major oil companies and large wholesalers are already well on the way to
bringing their facilities into compliance. But many other maiketersb-particuliirly those who
own and operate only one or a few facilities-have not begun taking steps to achieve
compUance and are likdy to have difficulty doing so. Many of them have little or no
experience in planning and managing, projects as cbsdy and complex as upgrading, replacing,
or closing UST systems Many of mem do not have me necessary funds and may have
difficulty borrowing money from banks; and other commercial lenders.
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The population of UST owners also includes many non-marketers, such as trucking.
companies and government agencies* Non-marketers^typjcaBy have fewer tanks than retail
gasoline outlets.. And because USTs often are a convenience rather than an integral part of
their business,, noa-marketers generally have the option of closing their tanks without closing
down their business (though closing tanks may be costly-espccially if soil or ground water is
. ,
1. Encourage earl; compliance. Bringing all facilities into compliance is the
ultimate goal. Spreading upgrading and replacement activity over the next four years will
help minimize the number of owners and operators who wait until the last minute and thus
miss the December 1998 deadline.
2. Prevent the creation of another generation of leaking UST systems and sites.
Ensure that upgrading is done properly and only where tanks are sound. Ensure that new
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USTs are properly installed and comply with applicable tank and piping standards. Ensure
that closure is done properly and safely. j
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3. Educate key players about the upgrade/replace/clbsure requirements. Build
broad understanding of the pollution prevention logic behind the requirements, the advantages
of early compliance, and the importance of holding fast to the December 1998 deadline.
1 . .' 'i "'''•'''' ' ''".'.
Preparation of plans for post-deadline enforcement action obviously will be necessary at
some point but is not included in this strategy. Starting such planning now would be
premature; working on it during the next two years would divert reisources that could more
profitably be used to encourage early compliance. i
FRAMEWORK j
In keeping with the basic philosophy of the UST/LUST program, EPA will work in
tandem with State and local agencies to encourage early compliance!; EPA will provide tools
State and local agencies can use and undertake initiatives on a national scale that would
support and complement State and local efforts. State and local agencies, in turn, will do
most of the vital day-to-day work of educating tank owners and enfbrciing UST requirements.
States can support each other by sharing (either directly or through ASTSWMO or EPA)
information about their experience and their progress in bringing facilities into compliance.
Here are the key principles underlying the strategy:
1. Use all available outreach tools. No single means of iieacbing and educating
ownere of UST facilities will get the job done, i
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2. Keep repeating the messages. Ensure that owners hear the DWU1998 messages
frequently and from more than one source. Appendix A list the messages.
3. Enforce eristingtlSTrequt^^
convince owners that States and EPA intend to enforce the 1998 re^uu-ements.
4. Target outreach and enforcement based' on State-and coinmunity-specific
assessments of where such efforts are most needed and most likely to be productive.
5. OuMK outreach and enforcement tools based on knowledge of th&
characteristict of the tank owner population being targeted; no single tool will work equally
well with allgroupfc .', T
6. Track compliance and assess progress aninialfy* Raiise tms strategy if and
when it appears that modifications are necessary.
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ACTIVITIES
The remainder of this document describes activities EPA and States could undertake.
EPA and ASTSWMO believe that efforts to encourage early compliance should have high
priority. EPA Regional Offices will work with States to identify steps States could take and
projects they could initiate to encourage early compliance. When making decisions on FY96
funding of State Improvement Projects* EPA Regional Offices will give priority to projects
that will support the effort to encourage early compliance.
Environmental Protection Agency
State and local agencies
Outreach and technical assistance to UST owners
EPA has issued DWU1998 and can make
it available to States in quantities
sufficient for distribution to UST owners
or provide a computer disk or
reproducible original States can use to
customize and or print their own versions.
Urge national and State trade associations
[including associations serving marketers,
non-marketers, equipment manufacturers
and installers, consultants and other
stakeholders] to reproduce DWU1998 -or
develop their own publication—and send it
to their members.
Work with national trade associations
[e.g., PMAA, SIGMAJ to explore ways?
of encouraging wholesalers to educate-
their customers-including both retail
marketers and non-marketers-about the
1998 requirements and encourage early
compliance.
Make Spa
version of
DWU1998 [ben*developed by Region!
and Puerto Rico) available to States [in
areas where that version will be
comprehensible to most Spanish-speaking
UST owners*
Assist States by providing software tools
for reproduction of translations into other
languages.
Mail or deliver to UST owners either
DWU1998 or a State-specific publication
describing the 1998 requirements. To
make mailings efficient, keep mailing lists
up-to-date.
Contact State trade associations to
reiterate ami reinforce EPA's request.
Assist then! in adding State-specific
information.
State and local follow-up may be
necessary^
When mailing DWU1998 or other
publications to UST owners, include a
notice of the availability of the Spanish-
language version and instructions on
ordering it.
States that have sizeable numbers of UST
owners using other languages could
explore the possibility of getting
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Prepare publications on the following
topics: 1. How ,to finance and manage
upgrade and replacement projects. 2.
What the closure requirements are and
how to finance and manage closure
projects.
Prepare a series of 1998 reminders that
States could use in—or enclose with—
newsletters or other mailings.
Conduct seminars at UST/LUST National
Conferences to help States learn about
ways to strengthen their outreach
activities. Perhaps conduct such seminars
at meetings that could be attended by
State and local staff involved in outreach
work [e.g., all-States meetings in EPA
Regional Offices],
universities to produce translations. States
that get such translations done should
share them with other States in order to
prevent duplicative work. Perhaps
ASTSWMO could serve as a
clearinghouse for news about the
availability of translations of all UST-
LUST publications.
Use newsletters, tank registration notices,
and other mailingji to keep reminding UST
owners about the 1998 requirements.
Compliance monitoring and enforcement
Assist States in strengthening their
presence, establishing field citation
programs, and streamlining-their formal
enforcement processes*
Conduct joint inspection sweeps where:
States think that such undertaking would-
be worthwhile.
Publicize Federal enforcement actions if
that can be done? int a way that would be
positive. ' ^A^jyp::.'.'. !. ."-.'
Work with ASTSWMO to determine'
whether UST agencies need and would
use a catalog of UST training programs
and-if one is needed-work with
ASTSWMO to develop and maintain it
Find out about approaches used by other
State and local agencies and test/adopt
them wherever possible.
Try to conduct one or more mspection
sweeps every year and publicize the
results. [
Periodically release information on
violations identified and penalties
imposed. Also, comsidler releasing
information on facilities already in
compliance with the 1998 requirements.
Ensure that field stsiff have the knowledge
needed to make judjgmcnts about
installation of new ][JST systems,
adequacy of tank integrity testing,
installation and opeiatknt of corrosion
protection systems, and; so on.
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Work with ASTSWMO to identify
training needs not satisfied by existing
programs and take steps to assure the
development and availability of programs
meeting those needs.
Coordinate with other State and local
agencies involved in regulating UST
facilities. Even though other agencies
usually will not be willing to conduct UST
inspections, they may be willing to deliver
publications.
Raising awareness
Identify national trade publications that go
to large numbers of marketers and major
groups of non-marketers and try to get
them to publish articles about the 1998
requirements.
Look for opportunities to reaffirm EPA's
commitment to sticking with the .
December 1998 deadline. Solicit
invitations to speak at national meetings of
trade associations servirig UST owners;
Try to place articles in all State
government newsletters and periodicals
that go to UST owners [e.g., publications
dealing with other State programs
regulating or offering assistance to all
types businesses].
Solicit invitations to speak at meetings of
State trade associations serving UST
owners.
To build public understanding of the
importance of upgrading and replacing
tanks, periodically release information
about the occurrence and consequences of
UST releases.- Not just statistics-accounts
of contamination of drinking water wells,
gasoline seeping into basements of homes
or other buildings, and so on.
Financial assistance
Publish a flyer providing; information;
about Federal programs that are potential
sources of fimjjyn? assistance for UST
owners and
Distribute to States a compilation of .
information on State financial assistance
programs.
Promulgate a rule specifying conditions
for exempting lenders from liability for
the costs of corrective action at UST
facilities.
Distribute die flyer to UST owners and
operators.
Explore the possibility of setting up a
financial assistance program in States that
do not already have one.
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After promulgation of the lender liability
rule, ask banking trade associations to
urge their members to make loans to
credit-worthy UST owners for projects
leading to compliance with 1998
requirements.
Financial incentives
Explore the extent to which penalties for
violations of environmental laws and
regulations could be reduced under EPA
enforcement policies in return for early
compliance with 1998 requirements.
Where State funds pick up a part of the
cost of corrective action, reduce
deductible^ where contamination is found
during upgrading/ipeplacement or closure
undertaken prior to December 1997 and/or
increase deductible where contamination
is found after Decemtwr 1998 at facilities
not in compliance'with the requirements.
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Where violations, of any environmental
laws are identified at UST facilities,
reduce penalties in exchange for early ;
compliance with the- 1998 requirements.
Track
and assess progresar
States and EPA will meet at least annually
to assess progtes* and determine whether
to revise
ASTSWMO will prepare an annual
compilation of Stale data on the status of
compliance at UST finalities.
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Appendix A: DWU1998 messages
State and EPA outreach to owners of UST systems should convey the followine
messages: , s
- Early compliance may save you money. Upgrading, replacing; or properly
closing UST systems reduces the chances that leate or spills will occur^
moreover, if youalready have leaks, the longer you wait, the more costly the
cleanup is likely to be. -
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" The longer you wait to upgrade, replace, or close, the more costly it is likely to
be and the more difficult it will be to get the work done on time. Equipment
vendors and installers and tank removal contractor* may be overloaded with work
during the last several months before rtiu December 199» deadline and may
increase prices. "r^rr*
provision
States do not have discretion to grant deadline
extenaoiisr or exceptions to theFederal regubtioafe j,
Tanka mat are notfegpod conditK»ij*
EPA wiirmonitor and enforce coinplianc^ Viblato» will be subiect to
penalties. _
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