State UST Program Grant Guidance


            United States
            Environmental Protection
            Agency
Office of
Solid Waste and
Emergency Response
             DfRECTIVE NUMBER:

             TITLE. state UST,Program Grant Guidance V


                        SEP 29 1994    ii
             APPROVAL DATE:

             EFFECTIVE DATE:  SEP 2 9 1994

             ORIGINATING OFFICE:0ffice of Underground Storage Tank

             Q FINAL
                                  j;

             D DRAFT

              STATUS:               i


                                  \    •
             REFERENCE (other documents):
 OSWER     OSWER      OSWER
'E    DIRECTIVE   DIRECTIVE    Dl

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United Stale* Environmental
OSWER Directive initiation Request 9530.10
1. Directive Number
Name of Contact Person
Amy Haseltine
3. TtUe
2. Originator Information
Mail Code
5402W
Office
OUST/OSWER
Telephone Code
703-308-8898
State UST Program Grant Guidance
4. Summary of Directive (include brief statement of purpose) ~ ^~— ~~

This guidance provides the criteria and procedures for allocation of grant funds for State!
Underground Storage Tank (UST) program activities. As" a supplement to the grant regula-
tions .under 40 CFR Sections 31 and 35, this guidance is to te used in developing and8
reviewing grant applications, awarding grants, and monitoring grant activities.
[pyant* oiijr^arjr'
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP 2 9
MEMORANDUM
t
SUBJECT: Revised State UST Program Gr,ant Guidance

FROM:
Lisa Lund, Acting
Office of Underground
ge Tanks
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
TO:
UST Regional Program Managers
! Thank you for your input and comments on the revised UST
Program Grant Guidance. Attached is a copy of the Guidance,
which is OSWER Directive 9630.10. The following areas were
either added or modified in the revised Guidance: Corrective
AJction, State Program Approval, Environmental Justice,
Comprehensive State Ground Water Protection Program, 1998
Deadline, Regional Strategic Overview (RSO) Process, and Leak
detection Compliance and Enforcement Measures. Other editorial
changes were also made to the document.

The UST Guidance is written to cover State grant
negotiations in FY95 and beyond, however, if the publication of
the guidance falls after your Region completes its FY95 grant
negotiations, please use the UST guidance for future State
negotiations beginning in FY96. If you have any questions or
comments concerning the guidance, please contact Josh Baylson at
(703) 308-8887 or Amy Haseltine at (703) 308—8898. Thank you
again for your participation in revising the State UST Program
Grant Guidance. -
' , ! • '
: ' ' -'i
Attachment
! ' • • ,|
cc: OUST Management Team
Lisa Hunter j
: OUST Desk Officers
Recycled/Recyclable
Printed with Soyteanola Ink on paper that
contains at least 50% recycled fiber
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OSWER DIRECTIVE 9630.10 .:•

STATE UST PROGRAM GRANT GUIDANCE |

I. PURPOSE OF GRANT GUIDANCE 7

This guidance provides the criteria and procedures for allocation of grant funds for If
State Underground Storage Tank (UST) program activities. Instead of sending out guidance |
every year, this guidance will serve for all future UST Grant awards, unless it is superseded ; t|;
by an amendment or another document. As a supplement to the grant regulations under 40 > 4
CFR Sections 31 and 35, this guidance is to be used in developing and reviewing grant 4:
applications, awarding grants, and monitoring grant activities. ft

EPA Regional offices are responsible for negotiating grant agreements with States in ., • Jl
accordance with national guidance adapted to individual State situations in order to stimulate .||
and assist State program development (if needed) and implementation, monitor progress, and -If
evaluate grant fund expenditures. In the interest of streamlining, the Regions are encouraged '::||
to award multi-year grants to the States by setting up two- to threeryear performance periods ' -||
and amending budget periods annually. :l$
•-£
Additional implementation guidance may be found in: 1) OSWER Directive 9650.13
"Streamlined Implementation of UST Corrective Action Requirements;" 2) "UST/LUST
Program Draft Strategic Framework11 (March 1993); 3) OSWER Directive 9610.5 "FY 1989-
1990 Transition Strategy for the UST Program;" and 4) OSWER Directive 9610.5-1
"Transition Tasks List."
H. PURPOSE OF STATE UST PROGRAM GRANTS :

The purpose of the UST grant program is to assist States in implementing effective •£
State-run UST regulatory programs for the prevention, detection, and correction of leaking ^
underground storage tanks containing petroleum and hazardous substances. ^ ^§1

It should be noted that Congress intended that Federal grant funds in the UST : v •"''v?|f
> -
program be used as "seed" money to assist States with the development and implementation
of State programs. Many States have already developed or are developing alternative or l - ill
supplemental funding mechanisms (e.g., tank fees or gas taxes) to provide a consistent ~ :~,L; -SI
funding base for their prevention programs. , , . E ^ 5|1
In addition to State program grants, EPA has and continues to develop a variety of
implementation tools for use by States, and hosts an annual national forum for States to share
information and experiences concerning their UST programs. EPA is also providing Leaking
Underground Storage Tanks (LUST) Trust Fund monies to States to assist in the oversight
and clean up of contamination caused by leaking petroleum tanks. States that have not yet
I. ••' •" r
":-••'•• '• ' • -. '• ' *±T'-..--iVr:"
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• s

.;-"f
- OSWER DIRECTIVE 9630.10
I- • . . " - :.•','.' -•'••'••. • •
applied for State Program Approval are expected to make reasonable progress toward
submitting a completed application to EPA for approval of their UST prevention, corrective
action, and financial responsibility programs under Section 9004 of RCRA. A Region may
decide to reward a State's success in receiving State Program Approval with funds from the
LUST Trust Fund.
i. •'•'•.' • ' '," • .""•-. ••
i The solution to the problem of leaking USTs is for States to implement prevention
programs and to streamline their cleanup programs which, over time, will, result in a drastic .-$
reduction in the number of leaking USTs. The emphasis of EPA's long-term implementation f'^f
strategy is to develop strong State and local programs. EPA focuses its resources and efforts , ..'-J
on building and improving State programs while providing flexibility in approaches and :S
striving for constant improvement. EPA will work in tandem with Stales to improve ''^f
performance, streamline procedures, promote Total Quality Management and ensure if
environmental justice in specific program areas such as enforcement, inspections, site 4
assessments, and corrective actions. j it

: ' . ' ' '".-'.' \''," ; ' • ' ' . .• '• . '---;*"
HI. NATIONAL PRIORITIES. GOALS. AND FUND/*" " "™«"»•* -1