United States
Environmental Protection
Agency
Solid Waste And
Emergency Response
5403W
EPA510-B-95-011
August 1995
4*EPA UST Program Facts
Implementing Federal
Requirements For
Underground Storage Tanks
Printed on Recycled Paper
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Contents
Overview Of The UST Program 1
Preventing Releases 3
Detecting Releases 5
Cleaning Up Releases 7
Financial Responsibility 9
State UST Programs 12
Leaking Underground Storage Tank Trust Fund 13
Environmental Justice 15
Publications About USTs inside back cover
Previously released as a series of fact sheets, this publication is
designed to help federal and state authorities answer the most
frequently asked questions about USTs with consistent, accurate
information in plain language. Other interested parties will find this
publication provides a concise, comprehensive review of regulatory
programs for USls. Please note, you may need to refer to
applicable state or local regulations, as well.
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Overview Of The UST Program
What's an "UST"?
An underground storage tank system {UST)
is a tank and any underground piping
connected to the tank that has at least 10
percent of its combined volume
underground. The federal UST regulations
apply only to underground tanks and piping
storing either petroleum or certain
hazardous substances.
The U.S. Environmental Protection Agency
(EPA) estimates that there are about 1.2
million federally regulated USTs buried at
over 400,000 sites nationwide. Nearly all
USTs at these sites contain petroleum.
These sites include marketers who sell
gasoline to the public (such as service
stations and convenience stores) and
nonmarketers who use tanks solely for their
own needs (such as fleet service operators
and local governments). Only about 30,000
tanks hold hazardous substances covered by
the UST regulations.
Why be concerned about USTs?
Until the mid-1980s, most USTs were made
of bare steel, which is likely to corrode over
time and allow UST contents to leak into
the environment. Faulty installation or
inadequate operating and maintenance
procedures also can cause USTs to release
their contents into the environment.
The greatest potential hazard from a leaking
UST is that the petroleum or other
hazardous substance can seep into the soil
and contaminate groundwater, the source
of drinking water for nearly half of all
Americans. A leaking UST can present
other health and environmental risks,
including the potential for fire and explosion.
j
How have Congress and EPA
responded to concerns about USTs?
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In 1984, Congress responded to the
increasing threat ;to groundwater posed by
leaking USTs by adding Subtitle I to the
Resource Conservation and Recovery Act
(RCRA). Subtitle I required EPA to develop
a comprehensive regulatory program for
USTs storing petroleum or certain
hazardous substances.
i
Congress directed EPA to publish
regulations that would require owners and
operators of new [tanks and tanks already in
the ground to preyent, detect, and clean up
releases. At the same time. Congress
banned the installation of unprotected steel
tanks and piping beginning in 1985.
In 1986, Congress amended Subtitle I of
RCRA and created the Leaking Underground
Storage Tank Trust Fund, which is to be
used for two purpioses:
i:
To oversee cleanups by responsible
parties. !
To pay for cleanups at sites where the
owner or operator is unknown,
unwilling, or unable to respond, or
which .require emergency action.
I
The 1986 amendments also established
financial responsibility requirements.
Congress directed EPA to publish
regulations that would require UST owners
and operators to demonstrate they are
financially'capable of cleaning up releases
and compensating third parties for resulting
damages.
UST Program Facts 1
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Do all tanks have to meet EPA
regulations?
The following USTs are excluded from
regulation and, therefore, do not need to
meet federal requirements for USTs:
Farm and residential tanks of 1,100
gallons or less capacity holding motor
fuel used for noncommercial purposes;
Tanks storing heating oil used on the
premises where it is stored;
Tanks on or above the floor of
underground areas, such as basements
or tunnels;
" Septic tanks and systems for collecting
storm water and wastewater;
» Flow-through process tanks;
» Tanks of 110 gallons or less capacity;
and
" Emergency spill and overfill tanks.
What are the federal requirements for
USTs?
In 1988, EPA issued regulations setting
minimum standards for new tanks and
requiring owners of existing tanks to
upgrade, replace, or close them. The UST
regulations are divided into three sections:
technical requirements, financial
responsibility requirements, and state
program approval objectives.
Technical requirements
EPA's technical regulations-for USTs are
designed to reduce the chance of releases
from USTs, detect leaks and spills when
they do occur, and secure a prompt
cleanup. To meet the requirements, owners
must upgrade, replace, or close existing
UST systems by 1998. Tanks remaining in
operation must have leak detection and leak
prevention components. UST owners
and operators are responsible for reporting
and cleaning up any releases. (See
subsequent sections on "Preventing
Releases," "Detecting Releases," and
"Cleaning Up Releases.")
Financial responsibility regulations
~\
The financial responsibility regulations
ensure that, in the event of a leak or spill,
an owner or operator will have the
resources to pay for costs associated with
cleaning up releases and compensating third
parties. (See subsequent section on
"Financial Responsibility.")
State program approval objectives
EPA recognizes that, because of the large
size and great diversity of the regulated
community, state and local governments are
in the best position to oversee USTs.
Subtitle I of RCRA allows state UST
programs approved by EPA to operate in
lieu of the federal program, and EPA's state
program approval regulations set standards
for state programs to meet. (See the
subsequent section on "State UST
Programs.")
States may have more stringent regulations
than the federal requirements. People who
are interested in requirements for USTs
should contact their state UST program for
information on state requirements.
EPA provides a free 36-page booklet called
Musts For USTs that clearly presents the
regulatory requirements to UST owners and
operators (see inside the back cover for
information on ordering EPA publications).
UST Program Facts 2
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Preventing Releases
How can releases be prevented?
The U.S. Environmental Protection Agency
(EPA) designed part of the technical
1 regulations for underground storage tanks
(USTs) to prevent releases from USTs. The
regulations require USTs to be protected
from spills, overfills, and corrosion.
Spills and overfills result from bad filling
practices. Unprotected steel tanks and
piping corrode and release product through
corrosion holes.
What is spill protection?
Many releases at UST sites come from spills
made during delivery. Human error causes
most spills, which can be avoided by
following standard tank filling practices. In
addition, USTs must have catchment basins
to contain spills. Basically, a catchment
basin is a bucket sealed around the fill-pipe.
USTs installed after December 22, 1988
must have catchment basins when they are
installed. USTs installed before December
1988 must add catchment basins by
December 1998 or properly close.
What is overfill protection?
When a tank is overfilled, large volumes can
be released at the fill pipe and through loose
fittings on the top of the tank or a loose
vent pipe. Overfills can be avoided by good
filling practices and the installation of overfill
protection devices. USTs must have one
of the following devices that guard against
overfills: automatic shutoff devices, overfill
alarms, or ball float valves. USTs installed
after December 22, 1988 must have overfill
protection devices when they are installed.
USTs installed before December 1988 must
add overfill protection devices by December
1998 or properly close.
What is corrosion protection?
Unprotected steef USTs corrode and release
product through corrosion holes. All USTs
installed after December 22, 1988 must
meet one of the following performance
standards for corrosion protection:
Tank and piping completely made of
nonco/rodible material, such as
fiberglass.
Tank and piping made of steel having
a corrosion-resistant coating AND
having cathodie protection. (Cathodic
protection is described below.)
Tank made of steel clad with a thick
layer of noneorrodibie material {this
option does not apply to piping).
USTs must also be designed, constructed,
and installed in accordance with a national
code of practice. |
' I * '
What about USTs installed earlier?
USTs installed before December 1988 must
have corrosion protection by December
1998. These USls must meet one of the
corrosion protection standards listed above,
meet one of the upgrade options described
below, or close properly. Use ONE of the
following THREE options to add corrosion
protection to existing steel tanks:
ii- ' ''
Add cathodie protection
. ;l .
Add cathodie protection to a tank that has
been proven to be!structurally sound.
Cathodic protection can be provided by
adding an impressed current system that
protects the UST by introducing an
electrical current into the soil around the
UST. Gathodic protection systems need to
be periodically inspected and tested.
UST Program Facts 3
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Add interior lining
Add a thick layer of noncorrodible material
to the interior of the tank. This interior
lining must be periodically inspected.
Combine cathodic protection and interior
lining
Combine cathodic protection and interior
lining. USTs using this option are not
required to have the interior lining
periodically inspected.
What about piping?
Steel piping must have cathodic protection.
Piping entirely made of (or enclosed in) .
noncorrodible material does not need
cathodic protection.
How do you properly close an UST?
To properly close an UST:
» Notify the regulatory authority 30 days
before closing.
Determine if the tank has leaked and
damaged the environment. If it has,
take appropriate notification and
corrective action.
Empty and clean the UST according to
standard safety practices.
Either remove the UST from the ground
or leave it in the ground (USTs left in
the ground must be filled with a
harmless and chemically inactive solid).
Are there reporting and recordkeeping
requirements?
UST owners must notify state or, local
authorities of the existence of an UST and
its leak prevention measures, or of the
permanent closure of an UST. Technical
regulations also set guidelines for notifying
authorities of spills of more than 25 gallons.
Owners and operators must also keep
records on:
» Inspection and test results for the
cathodic protection system.
Repairs or upgrades.
Site assessment results after closure.
Is there financial help to comply with
prevention requirements?
Some states have established financial
assistance programs that can provide funds
or low-interest loans to help owners
upgrade or replace their tanks.
EPA, provides a free 16-page booklet called
Don't Wait Until 1998 that clearly presents
these regulatory requirements to UST
owners and operators (see inside the back
cover for information on ordering EPA
publications).
UST Program Facts
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Detecting Releases
Why have release detection?
EPA designed part of the technical
regulations for underground storage tanks
(USTs) to make sure releases or "leaks"
from USTs are discovered quickly before
contamination spreads from the UST site.
Owners and operators are responsible for
detecting leaks from their tanks and piping.
Who needs leak detection?
All USTs must now have leak detection.
USTs installed after December 22, 1988
must have leak detection when they are
installed. USTs installed before December
22, 1988 had compliance deadlines that
varied with the age of the USTs. By
December 22, 1993, all of .these "older"
USTs had to be in compliance with leak
detection requirements. .
What are the leak detection methods?
Owners and operators of petroleum-USTs
must use at least one of the seven leak
detection methods below, or other methods
approved by their state agency.
1. Secondary containment and interstitial
monitoring involves placing a barrier
between the UST and the environment.
The barrier provides "secondary"
containment and can be a vault, liner, or
double-walled structure. Leaked product
from the UST is directed toward a monitor
located in the "interstitial" space between
the UST and the outer barrier. Interstitial
monitoring methods range from a simple dip
stick to automated vapor or liquid sensors
permanently installed in the system. New
USTs holding hazardous substances must
use this method.
2. Automatic tank gauging systems use
monitors permanently installed'in the tank.
These monitors are linked electronically to a
nearby control device to provide information
on product level and temperature; During a
test period of several hours when nothing is
put into or taken from the tank, the gauging
system automatically calculates the changes
in product volume that can indicate a
leaking tank. This method does not work
on piping. i
3. Vapor monitoring senses and measures
product vapor in the soil around the tank
and piping to determine the presence of a
leak. This method requires installation of
carefully placed monitoring wells. Vapor
monitoring can be performed periodically
using manual devices or continuously using
permanently installed equipment.
1
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4. Groundwater rjnonitoring senses the
presence of liquid product floating on the
groundwater. This method requires
installation of monitoring wells at strategic
locations in the ground near the tank and
along the piping .runs. To discover if leaked
product has reached groundwater, these
wells can be checked periodically by hand
or continuously with permanently, installed
equipment. This method is effective only at
sites where groundwater is within 20 feet
of the surface. |
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5. Statistical inventory reconciliation uses
sophisticated computer software to
determine whether a tank system is leaking.
The computer conducts a statistical analysis
of inventory, delivfjry, and dispensing data
collected over a period of time and provided
by the operator to! a vendor.
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6. Manual tank gauging can be used only
on tanks 2,000 gallons or smaller. This
method does NOT work on tanks larger
than 2,000 gallon:; or on piping. This
method requires taking the tank out of
service for at least 36 hours each week to
take measurements of'the tank's contents.
Tanks 1,000 gallons or less can use this
method alone. Tanks from 1,001 to 2,000
gallons can use this method only when it is
UST Program Facts 5
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combined with periodic tank tightness
testing and only for 10 years after
installation or upgrade of the UST. After 10
years, these USTs must use one of the leak
detection methods listed above in 1-5.
The additional method below can be used .
temporarily at petroleum UST sites:
7. Tank tightness testing and inventory
control combines two methods. Tank
tightness testing requires periodic tests
conducted by vendors who temporarily
install special equipment that tests the
soundness of the tank. Tank tightness
testing must be used in combination with
inventory control. Inventory control is an
ongoing accounting system, like a
checkbook, kept by the UST owner or
operator to detect leaks. Inventory control
requires taking daily accurate measurements
of the tank's contents and performing
monthly calculations to prove that the
system is not leaking. Tank tightness
testing and inventory control can be used
only for 10 years after installation or
upgrade of an UST. After 10 years, these
USTs must use one of the leak detection
methods listed above in 1-5.
What does piping need?
Pressurized piping needs automatic line leak
detectors (these can be automatic flow
restrictors, automatic flow shutoffs, or
continuous alarm systems). Pressurized
piping also needs one of the following:
groundwater monitoring, vapor monitoring,
secondary containment and interstitial
monitoring, or an annual tightness test of
the piping.
Suction piping needs no leak detection if it
meets two design requirements: 1) piping
slopes so that the product drains back into
the tank when suction is released, and
2) piping has only one check valve located
closely beneath the pump in the dispensing
unit. Suction piping not meeting these
design requirements must use one of the
following: tightness test of the piping every
3 years, groundwater monitoring, vapor
monitoring, secondary containment and
interstitial monitoring, or statistical
inventory reconciliation.
Reporting and recordkeeping
necessary?
UST owners and operators need to report to
the regulatory authority data about the UST,
including description of the leak detection
method. If operation of the leak detection
method indicates a possible leak, UST
'owners and operators need to report the
potential release to the regulatory authority.
UST owners and operators must keep
records on leak detection performance and
upkeep. These include the previous year's
monitoring results, the most recent
tightness test results, performance claims
by the leak detection device's manufacturer,
and records of recent maintenance and
repa'ir. '
EPA provides the following free booklets
that clearly present leak detection
requirements to UST owners and operators:
Straight Talk On Tanks, Doing Inventory
Control Right, Manual Tank Gauging, and
Introduction To Statistical Inventory
Reconciliation (see inside the back cover for
information on ordering EPA publications).
UST Program Facts
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Cleaning Up Releases
What is the cleanup program?
In Subtitle I of the Resource Conservation
and Recovery Act, Congress directed EPA
to establish regulatory programs that would
prevent, detect, and clean up releases from
underground storage tank systems (USTs).
EPA regulations require UST owners and
operators to respond to a release by:
Reporting a release,
Removing its source,
Mitigating fire and safety hazards,
Investigating the extent of the
contamination, and
Cleaning up soil and groundwater as
needed to protect human health and the
environment.
EPA developed the UST regulations and
program to be flexible and to be
implemented by state and local agencies.
Every state and many local governments
now have active UST cleanup programs.
How many releases need attention?
As of July 1995, more than 295,000 UST
releases had been confirmed. As the
graphic below shows, many of these
releases have been cleaned up, but much
work remains to be done. The number of
new releases reported continues to outpace
the number of sites cleaned up.
i
EPA estimates that the total number of
confirmed releases could reach 400,000 in
the next several years, primarily releases
discovered during the closure or
replacement of USTs. After this peak, EPA
expects fewer releases as USTs comply
with requirements.
Currently, state and local UST cleanup
program staff oversee an increasing
caseload of active cleanups. State staff
frequently have 50 to 400 cases to manage
at any given time. Staff work is often
further complicated by administrative
bottlenecks in ovibrsight processes. At the
same time, state staff face an increasing
backlog of sites eiwaiting response.
i
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How is EPA meeting the cleanup
challenge?
One of EPA's top priorities in the UST
program is to help state and local
governments make cleanups faster,
cheaper,^ and more effective. EPA's ongoing
Growing Number Of Cleanup Sites
Cleanup Sites
Confirmed Releases
Cleanups Started
Cleanups Completed
Cleanups Awaiting Action
300,000
July 1990 July 1991 July 1992 July 1993 July 1994 July 1995
UST Program Facts 7
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efforts focus on three approaches to reach
this goal: encouraging risk-based corrective
action programs in the states, promoting the
use of alternative cleanup technologies, and
supporting activities that streamline state
administrative procedures.
Risk-Based Decision-Making
EPA is encouraging UST implementing
agencies to use a risk-based decision-
making process to make the most of state
and cleanup contractor resources.
Employing tools such as exposure
assessment and risk assessment, people
using risk-based decision-making can
consider the current and potential risks
posed by an UST release and use this
knowledge to make decisions about
corrective action processes and site
management. UST implementing agencies
can use risk-based decision-making to:
* Focus site assessment data gathering,
" Categorize or classify sites,
* Determine what, if any, further action is
necessary to remediate a site,
» Help establish cleanup goals, and
Decide on the level of oversight
provided to cleanups conducted by UST
owners and operators. Several states
are using risk-based approaches in their
corrective action programs and the
American Society for Testing and
Materials has issued an emergency
standard, "Guide For Risk-Based
Corrective Action Applied At Petroleum
Release Sites" (ASTM ES-38-94).
Alternative Cleanup Technologies r
In cooperative efforts with contractors,.
consultants, tank owners, and states, EPA
is also working to promote the use of
alternatives to traditional site assessment
and cleanup technologies. Even though
some promising technologiessuch as air
sparging, bioremediation, and low
temperature thermal desorptionhave
proven advantageous in field applications,
they are not yet widely used across the
country. EPA is using a variety of training,
demonstration, and outreach projects to
increase the acceptance and use of
technologies that can help make cleanups
faster, less costly, or more effective.
Streamlining
EPA staff and consultants help states to
streamline cleanup oversight processes:
» They teach Total Quality Management
techniques to help identify delays and
other opportunities for improvement.
They show state managers and staff
how to use flowcharts and performance
indicators to document, analyze, and
improve their programs.
They support state managers and staff
in streamlining efforts: developing clear
guidance materials and hosting
"consultants days" to improve the
quality of cleanup plans and reports;
designing process changes that reduce
delays and paperwork; and providing
training that enables people to perform
more efficiently.
Are EPA's efforts helping?
By using risk-based decision-making to
maximize resources, promoting wider use of
alternative technologies for site assessment
and cleanup, and streamlining cleanup
oversight processes, many states have
made improvements. States have reduced
delays in permitting, site assessment,
corrective action, and reimbursement
processes. States are providing clearer
guidance to consultants and contractors,
which is resulting in better plans and
reports, speeding up the work, and cutting
paperwork costs. As training and
demonstration projects progress, alternative
technologies such as soil vapor extraction,
air sparging, and bioremediation are being
used more often.
UST Program Facts 8
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Financial Responsibility
What are financial responsibility
requirements?
When Congress amended Subtitle I of the
Resource Conservation and Recovery Act in
1986, it directed the U.S. Environmental
Protection Agency (EPA) to develop
financial responsibility regulations for
owners and operators of underground
storage tanks.
Congress wanted owners and operators of
underground storage tanks (USTs) to show
that they have the financial resources to
clean up a site if a release occurs, correct
environmental damage, and compensate
third parties for injury to their property or
themselves. The amount of coverage
required depends on the type and size of
the business, as explained in the chart on
page 11.
How can owners and operators
demonstrate financial responsibility?
Owners and operators have several options:
obtain commercial environmental
impairment liability insurance; demonstrate
self-insurance; obtain guarantees, surety
bonds, or letters of credit; place the required
amount into a trust fund administered by a
third party; or rely on coverage provided by
a state financial assurance fund. Local
governments have four additional
compliance mechanisms tailored to their
special characteristics: a bond rating test, a
financial test, a guarantee, and a dedicated
fund.
When is financial responsibility
required?
The chart on page 11 presents five groups
of UST owners and operators, compliance
deadlines for each group, and required
coverage amounts.
EPA acknowledges
complying with
responsibility requirements
to some owners
those with older
What is the cost of demonstrating
financial responsibility?
that the cost of
technical and financial
will be a burden
operators, especially
tanks.
and
Because underwriting criteria for most
private insurance and eligibility requirements
for some state assurance funds require that
tanks be in compliance with federal or state
technical standards, many owners and
operators are faced with the costs of
meeting technical requirements at the same
time they meet financial responsibility
costs.
The cost of meeting technical requirements
generally accounts for the majority of
regulatory compliance costs incurred by
UST owners and operators. Some states
have established financial assistance
programs that can provide funds or low^
interest loans to help owners meet technical
requirements. I
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I
!
In terms of the costs for meeting financial
responsibility requirements, insurance
premiums for a facility with three to five
upgraded tanks may range from about
$1,000 to $1,500 per year. Owners and
operators who participate in a state financial
assurance fund generally pay annual tank
fees of from $100 to $250 per tank.
In developing the regulations, EPA has been
sensitive to the financial impact of the
regulations on small business. EPA phased
in compliance deadlines, allowing the
smallest businesses the longest time to
comply. It has since responded to business.
owners' concerns by delaying compliance
dates for the smallest owners and
operators. EPA also has worked with states
to develop state financial assurance funds
and grant and loan; programs.
UST Program Facts 9
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How can state financial assurance
funds help?
States are developing financial assurance
funds to reduce the economic hardship of
compliance with financial responsibility
requirements and to help cover the costs of
cleanups. State financial assurance fund
programs, which supplement or are a
substitute for private insurance, have been
especially useful for small-to-medium sized
petroleum marketers. Other characteristics
of the funds appear below:
» Financial assurance funds are created
by state legislation and must be
submitted to EPA for approval before
they can be used as compliance
mechanisms.
In most cases, states generate money
for the funds with tank registration and
petroleum fees.
Legislatures delegate authority for the
fund to a state agency addressing
health, environmental, or insurance
issues.
Some state assurance funds
incorporate eligibility requirements,
such as demonstrations that facilities
are in compliance with technical
requirements and evidence of
satisfactory inventory control and
recordkeeping.
» Most state funds contain some
deductible that the owner or operator is
responsible for paying. Details on the
funds are specific to each state.
Nationwide, these state funds raise about
$1 billion annually.
How many states have financial
assurance funds?
As of July 1995, 41 state funds qualified as
financial assurance mechanisms. One
additional state (Washington) has a
reinsurance program that enables insurance
companies to offer lower-cost premiums to
the state's UST owners.
EPA provides a free 16-page booklet called
Dollars And Sense that clearly presents
these requirements to UST owners and
operators (see inside the back cover for
information on ordering EPA publications).
UST Program Facts 1O
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Financial Responsibility Requirements
, Group Of UST Owners
And' Operators
GROUP 1:
Petroleum marketers with
1 ,000 or more tanks
OR
Nonmarketers with net worth of
$20 million or more
(for nonmarketers, the "per
occurrence" amount is the
same as Group 4-B .below)
GROUP 2:
Petroleum marketers with -
100-999 tanks
GROUP 3:
Petroleum marketers with
13-99 tanks
GROUP 4-A:
Petroleum marketers with
1-1 2 tanks
GROUP 4-B:
Nonmarketers with net worth of
less than $20 million
GROUP 4-C:
Local governments (including
Indian tribes not part of Group 5}
GROUP 5:
Indian tribes owning. USTs on Indian
lands (USTs must be in compliance
with UST technical requirements )
Compliance
Deadline
January
1989
October
1989
April
1991
December
1993
December
1993
February
1994
December
1998
Per Occurrence
Coverage
$1 million
$500,000
if throughput is
10,000 gallons
monthly or less
OR
$1 million
if throughput is more
than 10,000 gallons
monthly
Aggregate
Coverage
'
.;
$1 million
if you have
100 or
fewer tanks
OR
$2 million §
if you have more 1
than 100 tanks |
I
UST Program Facts 1 1
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State UST Programs
What is the role of states in regulating
underground storage tanks?
EPA recognizes that, because of the size and
diversity of the regulated community, state
and local governments are in the best
position to oversee USTs:
» State and local authorities are closer to
the situation in their domain and are in
the best position to set priorities.
* Subtitle I of the Resource Conservation
and Recovery Act (RGRA) allows state
UST programs approved by EPA to
operate in lieu of the federal program.
The state program approval regulations
set criteria for states to obtain the
authority to operate in lieu of the federal
program. State programs must be at
least as stringent as EPA's.
How do states receive program
approval?
EPA's regional offices coordinate the state
program approval process for states and
territories under their jurisdiction. EPA
regional officials work closely with state
officials while state programs are under
development. Once state legislatures enact
statutes and state agencies develop
regulations in accord with EPA requirements
and put other necessary components of a
program in place, states may apply for formal
approval. EPA must respond to applications
within 180 days.
A state program is approved if it is judged to
meet three criteria:
» It sets standards for eight performance
criteria that are no less stringent than
federal standards. .
» It contains provisions for adequate
enforcement.
It regulates at least the same USTs as are
regulated under federal standards.
Which states have approved programs?
The following 21 states have approved
programs: Arkansas, Connecticut, .Georgia,
Iowa, Kansas, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, Nevada, New
Hampshire, New Mexico, North Dakota,
Oklahoma, Rhode Island, South Dakota,
Texas, Utah, Vermont, and Washington. In
addition, 16 states have submitted drafts of
state program approval applications which
EPA regional officials are currently reviewing.
What are the benefits of state program
approval?
Because state programs operate in lieu of the
federal program, states that have an
approved UST program can eliminate an
entire set of government regulators from their
regulated community. Owners and operators
do not have to deal with two sets of statutes
and regulations (state and federal) that may
be conflicting. States take pride in obtaining
federal approval of their programs.
Once their programs are approved, states
have the lead role in UST program
enforcement. In states without an approved
program, EPA will work with state officials in
coordinating UST enforcement actions.
Need more information about a particular
state's program?
Contact the EPA regional office or the
UST/LUST program in your state, usually
located in the state environmental
department. Program staff will provide
information or referrals.
UST Program Facts
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Leaking Underground Storage Tank Trust Fund
What is the "LUST" Trust Fund?
Congress created the Leaking Underground
Storage Tank (LUST) Trust Fund in 1986 by
amending Subtitle I of the Resource
Conservation and Recovery Act. In
December 1990, Congress reauthorized the
Trust Furid for five more years.
The LUST Trust Fund has two purposes.
First, it provides money for overseeing
corrective action taken by a responsible
party, who is usually a contractor hired by an
owner or operator of the leaking underground
storage tank (UST). Second, the Trust Fund
provides money for cleanups at UST sites
where the owner or operator is unknown,
unwilling, or unable to respond, or which
require emergency action.
What's in the Trust Fund?
The Trust Fund is financed by a 0.1 cent tax
on each gallon of motor fuel sold in the
country. As of April 1995, about $1,44
billion had been collected.
Of this amount, Congress has given $545
million to EPA through fiscal year 1995.
About $469 million (or 86 percent of the
amount given to EPA) has been dispersed to
state programs for state .officials to use for
administration, oversight, and cleanup work.
The remaining Trust Fund money (about $76
million or 14 percent of the total) has been
used by EPA for administrative activities:
. negotiating and overseeing cooperative
agreements; implementing programs on
Indian lands; and supporting regional and
state offices.
How does the Trust Fund work?
I
To receive money from the Trust Fund, a
state must enter in;to a cooperative ;
agreement with the federal government to
spend the money for its intended purpose.
Every state (except Florida, which has its
own state cleanup fund) has a cooperative
agreement with EPA.
Trust Fund money is divided among EPA
regional offices based on a formula that uses
state data. In fiscal year 1995, each state
received.a base allocation plus additional
money depending o^n the following: the
number of confirmed releases in the state;
the number of notified petroleum tanks; the
number of residents relying on groundwater
for drinking water; and the number of
cleanups initiated and completed as a percent
of total confirmed releases.
!' '
How do states use Trust Fund money?
States use Trust Fund money to oversee
corrective action by; a responsible party and
to clean up sites where no responsible party
can be found. Only about 4 percent of all
cases have been without a responsible party.
To date, states have used about one-third of
their Trust Fund money for administration,
one-third for oversight and state-lead
enforcement activities, and one-third for
cleanups. j
! ' ' '
How many USTs are leaking?
As of July 1995, EPA, states, and local
agencies have confirmed more than 295,000
UST releases. Over the next several years,
EPA expects more than another 100,000
confirmed releases, to be reported, primarily
releases discovered during the replacement or
closure of USTs. After this peak, EPA
expects fewer additional releases as USTs
comply with requirements.
UST Program Facts 1 3
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How much do cleanups cost?
Cleanup costs depend on a variety of factors,
including the extent of contamination and
state cleanup standards. The average
cleanup is estimated to cost $125,000.
If only a small amount of soil needs to be
removed or treated, cleanup costs can run as
low as $10,000. However, costs to clean
more extensive soil contamination can reach
$125,000. Corrective action for leaks that
affect groundwater can cost from $100,000
to over $1 million, depending on the extent
of contamination.
What cleanup activities have taken
place?
As of July 1995, states have used Trust
Fund and state money to:
" Confirm more than 295,000 releases,
» Oversee or conduct more than 8,300
emergency responses,
» Oversee or initiate more than 232,000
cleanups,
Oversee or complete more than 126,000
cleanups, and
» Oversee or conduct more than 980,000
closures.
UST Program Facts
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Environmental Justice
What is environmental justice?
Over the last decade, concern about the
impact of environmental pollution on
particular populations has been growing.
Low income and 'minority communities, for
example, may bear disproportionately high
risk, to human health and the environment
from pollution. Compounding the problem,
these communities often lack the legal means
necessary to effectively organize political
activities' on their own behalf. These
.concerns have resulted in a movement to
-assure environmental justice for all
populations.
What is EPA doing?
Early in her tenure, EPA Administrator Carol
Browner designated the pursuit of
environmental justice one of the Agency's
'top priorities. EPA's Office of Solid Waste-
and Emergency Response formed a task force
in November 1993 to analyze environmental
justice issues specific to waste programs and
to develop recommendations addressing
these issues. In February 1994, President
Clinton signed an Executive Order on
Environmental Justice which focused federal
agencies' attention on environmental justice
'issues. In response, EPA has developed an
Ageneywide strategy for environmental
jystice.
Is there an environmental justice issue
for UST programs?
Underground storage tanks (USTs} are
everywhere: in cities, towns, and rural areas.
Federal regulations cover more than 1 million
petroleum USTs at facilities across the nation.
Federal and state UST programs are ensuring
that the large universe of regulated USTs
meets all technical requirements for
preventing and detecting leaks and that
cleanups keep pace with .the growing number
of confirmed releases.
No matter where they are located, leaking
USTs can threaten drinking water supplies or
cause explosive vapors to accumulate in
sewers or basements. These threats in all
cases must be met with quick emergency
response. j
However, USTs thai: leak in communities
facing potential pollution from other sources
(such as landfills, concentrated sources of air
emissions, hazardous waste treatment
facilities, or Superfund sites) can add to
cumulative human hea'lth risk. When all other
factors are equal, leaking USTs in
communities facing exposure to multiple
environmental risks should receive priority
attention.
UST program officials must ensure that
leaking USTs are brought;under control as
quickly as possible in all.communities,
including economically disadvantaged and
minority communities.
i "
How can UST programs address
environmental justice concerns?
:! '
The federal UST program is engaged in
several activities: f
. 1
Distributing information on environmental
justice to states;, tribes, and local
agencies. j
l
I
Incorporating environmental justice criteria
into state UST grants and cooperative
agreements. Guidance may include, for
example, specific clauses requiring states
;to consider environmental justice as they
develop cleanup;! cbmpliance, and
enforcement strategies.
Continuing efforts on Indian lands to
identify existing >USTs, including
hazardous substance USTs and . '
abandoned tanks.
UST Program Facts 1 5
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* Working to develop tribal capacity on
Indian lands by providing funds and
technical assistance to tribal
governments.
» Encouraging the use of minority
contractors and consultants for tank
installation and removal and for state-lead
cleanups to broaden economic
redevelopment efforts in disadvantaged
communities.
State UST programs are being encouraged to:
« Consider environmental justice as a
qualitative factor when developing priority
ranking systems for state-lead cleanup
and enforcement strategies.
Use qualified minority contractors and
consultants on state-lead cleanups.
« Encourage minority contractors to apply
for certification and ensure that minority
firms are represented on any contractor
lists that the state provides to the
regulated community.
» Develop and distribute information
materials on USTs and leaking USTs to
their regulated communities, including
minority populations.
Need more information on environmental
justice?
To learn more about environmental justice,
contact EPA's toll-free number for concerned
citizens at 800 962-6215, or call the EPA
Regional Coordinator for your state. EPA's
Office of Environmental Justice 202 260-
6357 can provide regional contacts and
telephone numbers.
UST Program Facts 1 6
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Selected EPA Publications About USTs
PUBLICATIONS
TITLE
AVAILABLE FREE FROM
Musts For USTs: A Summary Of The Federal Regulations For Underground
Storage Tank Systems
Booklet summarizes federal UST requirements for installation, release detection,
spill, overfill, and corrosion protection, corrective action, closure, reporting and
recordkeeping. Revised and updated in July 1995. (About 40 pages.)
Normas Y Procedimientos Para T.S.A.
Spanish translation of Musts For USTs: A Summary Of The Federal Regulations
For Underground Storage Tank Systems. (About 40 pages.)
Straight Talk On Tanks: Leak Detection Methods For Petroleum Underground
Storage Tanks
Booklet explains federal regulatory requirements for leak detection and briefly
describes allowable leak detection methods. Revised and updated in July 1995.
(About 30 pages.)
Doing Inventory Control Right: For Underground Storage Tanks
.Booklet describes how owners and operators of USTs can use inventory control
and periodic tightness testing to meet federal leak detection requirements.
Contains reporting forms. (About 16 pages.)
Manual Tank Gauging: For Small Underground Storage Tanks
Booklet provides simple, step-by-step directions for conducting manual tank
gauging for tanks 2,000 gallons or smaller. Contains reporting forms. (About
12 pages.)
Introduction To Statistical Inventory Reconciliation: For Underground Storage
Tanks
Booklet describes the use of Statistical Inventory Reconciliation (SIR) to meet
federal leak detection requirements. (About 12 pages.)
Don't Wait Until 1998: Spill, Overfill, And Corrosion Protection For Underground
Storage Tanks
Information to help owners and operators of USTs meet the 1998 deadline for
compliance with requirements to upgrade/replace, or close USTs installed before
December 1988. (About 16 pages.) A Spanish translation of this booklet is
also available as "No Espere Hasta El 1998."
Dollars And Sense: Financial Responsibility Requirements For Underground
Storage Tanks
Booklet clearly summarizes the "financial responsibility" required of UST owners
and operators by federal UST regulations. Revised and updated in July 1995.
(About 16 pages.)
An Overview Of Underground Storage Tank Remediation Options
Fact sheets provide information about technologies that can be used to
remediate petroleum contamination in soil and groundwater. (About 26 pages.)
Controlling UST Cleanup Costs
Fact sheet series on the cleanup process includes: Hiring a Contractor,
Negotiating the Contract, Interpreting the BUI, Managing the Process, and
Understanding Contractor Code Words. (About 10 pages.)
If you are ordering up to 30 copies of
any one title, you can call EPA's toll-
free RCRA/Superfund Hotline at
800 424-9346 and order free copies.
Juirt identify the titles you want The
Hotline can also identify, additional
titles you may find useful.
Or you can write and ask for titles by
addressing your requests to:
NCEPI
Box42419
Cincinnati, OH 45242
Or you can fax your order to NCEPI at
513 891-6685.
If you need more than 30 copies,
contact OUST's Jay Evans at 703
308-8888.
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United States
Environmental Protection
Agency
5403W
Washington, DC 20460
Official Business
Penalty for Private Use
$300
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