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 , •• • - r 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. ^ ------- 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. , ' . • ' ' ' .1 ' • ' 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 ------- USTs are properly installed and comply with applicable tank and piping standards. Ensure that closure is done properly and safely. j -- . ." :| .'.,""'', ;. ,' . • t '* •• 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 - ' • . -!i •. /- ; h - ' . . - 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. ------- 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 ------- 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. ------- 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. ------- 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. :•! . • / 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. ------- 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. - • : ' . ' • ' . • v • ''•.''. • • '- • - " 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. _ 8 ------- |