Background Proposed Action United States Environmental Protection Agency Solid Waste and Emergency Response Washington, DC 20460 (OS-420 WF) EPA 510-F-93-016 August 1993 Office of Underground Storage Tanks Environmental Fact Sheet 1998 Financial Responsibility Compliance Deadline For Underground Stprage Tank Owners That Meet Certain Federal Criteria: Proposed Rule Subtitle I of the Resource Conservation and Recovery Act (RCRA) re- quires owners and operators of underground storage tanks (USTs) to show through insurance coverage or other acceptable financial mechanisms that they can pay for cleanups and third-party damages resulting from any leaks that may occur. EPA issued final regulations on October 26, 1988 that phased in the finan- cial responsibility requirements for USTs. The phase-in approach was designed to provide owners and operators adequate time to obtain assur- ance mechanisms by setting different compliance dates for four compliance groups. As of January 1989, Group 1, consisting of petroleum marketers owning 1,000 or more USTs and non-marketers with more than $20 million in tangible net worth, was required to comply with the financial responsi- bility requirements. In October 1989, Group 2, consisting of petroleum marketers owning between 100 to 999 USTs, was required to show finan- cial responsibility. By April 26, 1991, Group 3, consisting of petroleum marketers owning between 13 and 99 USTs, was required to comply. Group 4, consisting of marketers with 1 to 12 USTs at more than one facility or fewer than 100 USTs at a single facility and non-marketers with net worth of less than $20 million, is expected to comply by December 31, 1993. On February 18, 1993, EPA promulgated four additional assurance mechanisms for local government entities (58 FR 9026) to use to comply with the financial responsibility requirements. The compliance date for local governments is, therefore, February 18, 1994. On August 10, 1993 EPA proposed a 1998 financial responsibility compli- ance deadline for certain tank owners that meet federally determined criteria. ------- Discussion Rationale For This Proposal Contact Today, the Agency is publishing a proposed rule that would allow certain members of Group 4 (i.e., petroleum marketers, local governments, and Indian Tribes) to become pan of a new compliance group subject to the new financial responsibility compliance date (December 31, 1998) if they meet certain federally determined criteria. The criteria proposed include: Compliance with all applicable technical requirements to date (e.g., leak detection), • Operation of the tanks in rural areas, • "Hardship" for petroleum marketers, and • "Essential services" for local governments. In this proposed rule, the Agency is asking for comment on whether or not any extension is necessary and whether a shorter extension of the compli- ance deadline is more appropriate. (The 1998 compliance date corresponds with the final compliance date for tank upgrading or replacement.) In addition, EPA is soliciting comments and data on the final criteria to use in determining who should be included in the compliance group and how long the extension should be. Comments are due to EPA 45 days after publication in the Federal Register. EPA is concerned about the ability of UST owners and operators to com- ply with the financial responsibility requirements and the possible impact that these requirements may have on petroleum supplies in rural areas. The Agency is issuing this proposal to solicit comments that will help gauge the need for extending the financial responsibility compliance date for certain owners and operators. The Agency also notes that the technical requirements for USTs (e.g., leak detection, tank upgrading, and corrective action) remain in effect. For additional information, contact EPA's RCRA/Superfund Hotline, Monday through Friday, 8:30 a.m. to 7:30 p.m. EST. The national toll- free number is 800 424-9346; for the hearing impaired, the number is TOD 800 553-7672. ------- |