&EPA United States Environmental Protection Agency Office of Underground Storage Tanks Washington, D.C. 20460 EPA/530/UST-88/002 August 1988 Funding Options for States and Local Governments ------- N. UNDERGROUND STORAGE TANK PROGRAMS: FUNDING OPTIONS FOR STATE AND LOCAL GOVERNMENTS U.S. Environmental Protection Agency Office of Underground Storage Tanks August 1988 ------- ACKNOWLEDGEMENTS The Environmental Protection Agency's Office of Underground Storage Tanks (OUST) wishes to acknowledge and express its appre- ciation for the efforts of Ann Carey of ICF In- corporated and the EPA Regional UST staff and State program representatives who gathered the initial data for this handbook in a very short time. They reviewed, revised, and updated it throughout its preparation. OUST also wishes to thank the members of review panel who gave generously of their time to provide their comments and support to make this a better handbook. Review panel members included; Victoria Gallagher, San Diego UST Program; Chuck Head, UST Coordinator, Tennessee Division of Groundwater Protection; John Hoick, UST Coordinator, Minnesota Pol- lution-Control Agency; Helen Ladd, Ph.D., Professor of Public Policy Studies, Duke University; Jerry Miller, Director, National Association of State Budget Officers; John Petersen, Government Finance Officers Asso- ciation; and Frank Sudol, Newark, NJ, De- partment of Engineering. We give special recognition to Dr. Ladd for providing the ideas and framework for a major revision of Chapter III. Finally, special thanks to Kate Becker of ICF Incorporated, who performed the diffi- cult task of turning early, technical drafts of this report into a more "user-friendly" hand- book. Sandy Strauss EPA Project Manager June 1988 ------- CONTENTS I. UNDERGROUND STORAGE TANKS: FINANCING STATE AND LOCAL PROGRAMS How The Federal Law Affects You 1 How To Pay For Your UST Program 2 How This Handbook Can Help You 3 How This Handbook Is Organized 3 II. WORKING WITH THE LEGISLATIVE AND EXECUTIVE BRANCHES Starting A New Program: Initial Funding Efforts 5 Justifying Your Program Costs 6 Knowing The Political Climate 6 Involving The Interest Groups 6 Giving A Little To Get A Little 6 III. GENERAL CONSIDERATIONS FOR SELECTING A FUNDING MECHANISM What Are The Funding Needs Of Your Program? 9 What Is Your Program's Scope And Design? 9 Is It A New Or An Ongoing Program? 10 Can Some Of The Effort Be Delegated? 10 What Are General Approaches To Raising Program Funds? 10 How Do Different Funding Mechanisms Perform? 11 What Is The Revenue Potential Of A Mechanism? 11 Projecting Revenues 11 Pattern of Revenues Over Time 12 What Is The Distribution Of The Funding Burden? 12 "Those Who Created the Need Should Pay" 12 "Those Who Benefit Should Pay" 12 "Widely Dispersed Program Benefits Should Be Paid For By All Taxpayers" 13 What Are The Incentives Created By A Mechanism? 13 ------- CONTENTS IV. FUNDING MECHANISMS FOR STATE PROGRAMS 15 Registration And Permit Fees 15 Tank And Facility Fees 16 Site Activity Fees 16 Tank Tester And Installer License Fees 17 Petroleum Product Assessments 20 Gasoline Sales Tax 20 Petroleum Product Excise Tax 20 Bonds 23 General Obligation Bonds 24 Revenue Bonds 24 Special Tax Bonds 24 Revolving Loan Funds Capitalized With Bond 25 Corporate Receipts Or Income Taxes 26 Other Mechanisms In Use 27 V. FUNDING MECHANISMS FOR LOCAL PROGRAMS 29 Water Utility Assessments 29 Special Property Assessments 30 Other Funding Mechanisms For Local Programs 31 VI. WHAT SOME OTHER STATES HAVE TRIED: A SUMMARY OF EPA'S 1987 SURVEY 33 How Are States Currently Funding Their UST Programs? 33 What Changes In Funding Sources Are States Considering? 34 What Can You Conclude From What Other States Are Doing? 35 VII. WHERE DO YOU GO FROM HERE? 41 ------- APPENDICES A-l A. Comparison of Financing Mechanisms by Major Choice Factors A-l B. Registration and Permit Fees by Stale B-l C. Petroleum Product Assessments by State C-l D. Bonds by State D-l E. Other Funding Mechanisms by State E-l F. State Implementing Agencies F-l EXAMPLES 17 The Maine Tank Registration Fee 17 The Florida Tank Registration Fee 18 The Maine Tank Installer Certification Fee 19 The Maine Petroleum Product Transfer Fee 21 The Florida Petroleum Product Tax 22 The California Hazardous Substance Cleanup Bond Fund 25 The Superfund Corporate Income Tax 27 The Santa Clara Valley Water District Groundwater Charge 29 ------- CHAPTER I UNDERGROUND STORAGE TANKS: FUNDING STATE AND LOCAL PROGRAMS Underground storage tanks (USTs) are a fact of American life. They constitute a hazard to public health if they are not installed and main- tained safely, and they require immediate and often costly cleanups when they leak. There are consequences for those who decide to ignore the problem of leaking USTs. In the event of a major cleanup, your government may face the ultimate responsibility for paying the costs for cleanups that are not covered by owners or operators or the Federal Leaking Underground Storage Tank (LUST) Trust Fund. An effective prevention program that detects problems early is the best insurance against environmental damage and health risks caused by leaks. You, as a State or local UST program official, can help decide whether your program's current funding is suffi- cient or whether more or different funding sources arc necessary. The purpose of this handbook is to present you with funding alternatives that can provide new or expanded sources of funds for your pro- gram. It is often helpful to learn how other pro- gram officials have met similar challenges. Some of you, however, are officials in one of the many State and local governments that has an effective UST program up and running. We suggest that you be selective in your reading of this handbook. We did not design it to be read from cover to cover; we did try to provide a wide range of op- tions for those of you who are new to the question of program funding. We at the U.S. Environmental Protection Agency (EPA) have assembled information on how State and local UST programs are being funded. In 1987, EPA surveyed the UST pro- grams in all 50 States. Each State reported on the mechanisms it uses to fund its prevention and cleanup activities; some Slates have continued to submit funding data throughout the preparation of this handbook. The data from the survey appear as examples of specific applications of dedicated funding mechanisms throughout the handbook; the raw data are in the appendices; a summary ap- pears in Chapter VI. Please note that these data represent only what is happening now. In addi- tion, we wish to make the following statements about the data. • All programs are still in their develop- ment phase. • Funding data contained herein are for the programs at their current levels. • These levels differ from State to State. • Funding needs are changing and will con- tinue to change as programs evolve. • The mechanisms used and the levels of funding are constantly changing. How the Federal Law Affects You In 1984, Congress passed Subtitle I of the Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act. Sub- title I requires the EPA to address the problem of leaking underground storage tank systems. Be- cause of the nature of the problem, Congress in- tended the UST program to be administered pri- marily at the State and local levels. EPA is not in a position to underwrite UST programs. Some resources are available through EPA program grants for prevention programs and through the LUST Trust Fund for cleanups, but neither will fund an entire program. EPA program grants provide "seed" money for the develop- ment and implementation of State-run UST pre- vention programs. Currently, fundable tasks in- clude such activities as developing legislative ------- PAGE 2 authorities, developing enforcement programs, or developing the funding mechanisms discussed in this handbook. Other fundable tasks include State program approval application activities, outreach efforts, and compliance monitoring and enforce- ment activities. Current (fiscal year 1989) fund- ing levels for State grants are $162,500 per State (as well as Puerto Rico and the District of Colum- bia) and $137,500 for the remaining territories. A 25 percent match is required. The LUST Trust Fund was created by the Su- perfund Amendments and Reauthorization Act (SARA) and is available to States for cleanups of leaking USTs. The Trust Fund can be used only if the costs of a cleanup exceed the minimum insur- ance coverage that an owner or operator is re- quired to maintain, or if a solvent owner cannot be located or refuses to pay for corrective action. In addition, the Trust Fund can be used only for en- forcement- or cleanup-related activities associated with petroleum releases; it will not be available for most regulatory activities (such as routine in- spections, permits, outreach, and program devel- opment). States and territories will be required to provide a 10 percent match once the new UST regulations take effect. Neither the Trust Fund nor the program grants will provide sufficient resources necessary to fund an effective State or local UST program. State and local governments need to find additional funding sources to pay for their UST programs. How to Pay for Your UST Program State and local program revenues typically come from one of two sources: general revenues and dedicated fees or taxes. General revenues are drawn from a State or local general fund and are appropriated on an annual or biennial basis to various programs. Each year (or every two years), UST program needs are balanced against compet- ing demands for limited resources. Over time, the amount of annual appropriations may become constant. However, there is no binding commit- ment from year to year, and appropriations for in- dividual programs may change as a result of shift- ing public priorities or changes in revenues. General revenues are currently the most com- mon source of funding for State UST programs; 38 States currently use general revenues either alone or in conjunction with dedicated funding sources. General revenues are not discussed in detail in this handbook because they are already being used by a number of programs, and they are generally well understood by program managers. The other major source of funding is dedi- cated program fees or taxes. These are fees or taxes that are collected from a designated source and are dedicated to a specific program, hence their name. Fees are typically levied for a particu- lar service, whereas taxes are often more generally applied. There is a wide variety of funding mecha- nisms that you can potentially use to support State and local UST programs. In this handbook we focus on the following mechanisms: • Registration and permit fees, • Petroleum product assessments, • Corporate receipts or income taxes, • Water utility assessments, and • Special property assessments. This list is not intended to be all-inclusive; rather, it illustrates the range of mechanisms available for your consideration. Dedicated fund- ing mechanisms can be used to supplement or re- place general revenue funding. They can be used to pay for specific activities (such as licensing) or for general program costs. The applicability of different mechanisms to various program needs depends on the amount and flow of revenues from such mechanisms, as discussed later. Bonds are sometimes considered a third source of revenue. While they generate bond pro- ceeds, they are only a mechanism for spreading the program funding burden out over time. An- other source of funds (general revenues or dedi- cated fees or taxes) is still needed to repay the bonds. The applicability of bonds to UST pro- gram needs is discussed in this handbook. ------- PAGE 3 In choosing a funding mechanism, you must consider what segment of the population will pro- vide the funds through that mechanism. Some dedicated funding mechanisms, such as registra- tion and permit fees, tend to fall to those parties who contribute directly to the problem (for ex- ample, tank owners or product manufacturers and distributors). Others, such as petroleum product or water assessments, fall to parties who are indi- rectly related to the problems (gasoline buyers) or are beneficiaries of the program (water users). How This Handbook Can Help You You may need a combination of funding sources to cover the costs and ensure the stability of your UST program. The question is which ones and in what combination? Because every State and local government is unique, we can't answer that question for you. We can, however, give you information about the funding mechanisms and examples of what other States have done and how they rate their success. And we can make some suggestions. For example, the funds appropriated to your program from general revenues may vary from year to year because of the process by which they are allocated. So we suggest that if you use general revenues you also have in place other funding mechanisms, preferably dedicated mecha- nisms, to guard against a major loss of revenues as a result of changes in funding priorities, the econ- omy, and the like. As you read this handbook, you will note that there is no one right way to fund a program. States are currently using a number of strategies, each achieving some measure of success. How This Handbook Is Organized The organization of this handbook is quite straightforward. • Chapter II has information on working with the legislative and executive branches. • Chapter III provides factors that you should consider when choosing a funding mechanism. • Chapter IV looks at the funding mecha- nisms that are best suited for States. It contains descriptions of each mechanism, pros and cons as they relate to the choice factors, and examples of their applica- tion. • Chapter V covers the funding mecha- nisms that are best suited for localities and treats them as in Chapter IV. • Chapter VI is an overview of how some mechanisms are being used, including combinations of funding mechanisms and the relationship of the mechanism to the activities performed. • Chapter VII contains some ideas about where to go for additional information. • The appendices contain charts and raw data and are referenced throughout the chapters. These data come from EPA's 1987 Interim Report on State Funding for Underground Storage Tank Programs and additional information submitted from States since that report. We encourage you to contact individual State programs to find out how well a specific mecha- nism works in a specific State. A list of State im- plementing agencies is provided in Appendix F. Staff members from the Office of Underground Storage Tanks (OUST) (202-475-9722) can refer you to people who can answer any other questions you may have as a result of reading this hand- book. ------- CHAPTER II PAGES WORKING WITH THE LEGISLATIVE AND EXECUTIVE BRANCHES Establishing funding for an UST program re- quires that you work effectively with a variety of decision makers. It means not only determining what funds you need and selecting appropriate mechanisms, but it also means interacting with your own agency officials, the executive branch, the State or local budget office, and the State leg- islature or local commissioners or boards. These decision makers are often faced with critical po- litical choices and must decide among numerous conflicting demands. After your office determines its funding needs and proposes a funding mecha- nism, officials in your own agency must be com- mitted to your choice before it can be presented to the legislature. The legislature will decide whether your funding proposal fits into the overall fiscal priorities of your State, while the executive branch (often with the advice of the budget of- fice), will determine whether the mechanism is worthy of being signed into law. All these deci- sion makers can influence your ability to establish dedicated funding mechanisms to run an UST program. There is considerable work to do before you present your decision makers with the information they need to make a decision concerning the fund- ing of your UST program. Much of the informa- tion that you will need to consider for your work is contained in the chapters that follow. While each jurisdiction has unique character- istics and political considerations to which you must be sensitive, there are some general pointers for working effectively with the administration and the legislature to develop UST funding mechanisms. Please bear with us when we cover aspects of this material that you already know. We can't assume that all readers have the same level of knowledge and experience. Our goal here is to pass along some of the ideas and approaches that have worked successfully for some States. Starting a New Program: Initial Funding Efforts Certain programs have been receiving public funding for many years, and government manag- ers and legislators are accustomed to continuing their funding. Typically, however, the UST pro- gram presents a new demand on funds, and legis- lators and agency officials may be reluctant to dedicate extensive funding to a new program. You should make a realistic assessment of your program needs and be ready to convey them to your decision makers. If you start small and pro- pose a less demanding funding mechanism, it may be easier to get UST funding on the legislative agenda or in your agency budget. You can then demonstrate the need for and value of increasing the funding in the future. Traditionally, programs need to start small as they are unlikely to be able to spend large appropriations in their early phases. And starting small does not mean that EPA will intervene more actively in the State. EPA is com- mitted to having State-run UST programs and realizes that some will start small. An example of a program that started small comes from Utah. Program officials there worked with the legislature to pass a tank fee system that was modest in its initial fee structure but allowed for growth. The tank fee is to be used to cover the costs of developing the UST program. The initial assessment was $25 per year per tank, and the legislative committee can raise the fee up to $100 per tank if it becomes evident that the fee is not covering program costs. Thus, the legislation, while starting small, allows for growth. In fact, the Utah legislature is currently considering rais- ing the fee to $60 per tank per year. Officials in Delaware used a different strategy to get on the legislative agenda for developing UST funding. The UST statute in Delaware ere- ------- PAGE 6 ated the Delaware Underground Petroleum Re- sponse Fund. This fund can be used for conduct- ing and overseeing cleanups; for helping owners meet Federal financial requirements over $100,000 per occurrence for corrective action, and $300,000 for third-party damage; and for creating an amnesty program that reimburses owners and operators for all costs incurred in cleanups during the first 18 months after the law was established. While the fund has been established, it does not yet have a funding mechanism dedicated to pro- vide revenues. During the next session of the Delaware legislature, lawmakers will have to decide who will provide the resources for the fund. Thus, the legal establishment of the fund demands that the legislature create a mechanism to support it. UST program officials are consider- ing proposing a gasoline tax, issuing a bond, or using general revenues. Justifying Your Program Costs Defining your program's resource needs is a crucial step in developing a funding mechanism. Legislators, administrators, budget officers, and other officials will be particularly interested in your estimates of program costs. In developing your estimates, you might rely on information from other environmental programs, from other State and local UST programs, and from similar nonenvironmental programs. New Jersey devel- oped a 3-year cost projection based on the number of tanks and a list of costing factors, including the costs of full-time employees and other administra- tive costs, and then used it to justify appropriation requests to the legislature. Be careful to not sim- ply transfer work projections and costs from other programs or to assume that work will be done as it has been done in the past. They may not be ap- propriate for a program with the number of sources of problems and known products present in the UST field. Knowing the Political Climate Clearly, to propose and develop funding mechanisms successfully, you need to understand the disposition toward different types of mecha- nisms in your State and its legislature. Some State environmental programs have a history of being fee-for-service supported; proposing other types of mechanisms may be going against the grain. In other States, where petroleum taxes may be his- torically or legally used only for transportation- related programs, proposing petroleum taxes may be futile. Knowing what will and what will not be acceptable can allow program officials to focus on mechanisms that can realistically be established. Involving the Interest Groups You should consider listening to the concerns of relevant interest groups in your State and enlist their participation. Soliciting industry or other representatives' input can foster their support for the program. Working with an advisory commit- tee is an extremely effective way to develop a program that has a good chance for being success- ful. In addition, groups affected by a proposed funding mechanism may voice stronger opposition later if they are not involved in developing the mechanism early on. Iowa has set up a legislative council respon- sible for developing UST legislation. The council is composed of two State senators, two representa- tives, a representative of the petroleum storage tank owners and operators, and a representative from the petroleum industry. Other States have similar councils, many of which are more broadly based than Iowa's. Including industry officials in the legislative process may help eliminate divisiveness and lead to legislation that is accept- able to all parties. Giving a Little to Get a Little The legislative and budget processes often in- volve compromising to achieve success. Decision makers in both the executive and legislative branches must compromise with one another, and people proposing a financing mechanism must compromise with those affected by it. In Pennsyl- vania, a recent bill was passed and signed into law dedicating a percentage of the State's broad-based capital stock-franchise tax (a tax on business in- ------- PAGE 7 come and net worth) to be used for hazardous waste cleanup. To pass such a tax, the legislature had to reach a compromise between those who wanted a reduction in the capital stock tax and those who wanted to use a portion of the tax to fund hazardous waste cleanups. The solution was to partially reduce the overall tax and to dedicate a portion to the Hazardous Sites Cleanup Fund. Similarly, Delaware established a tank fee system to fund the administrative portion of its UST program. The bill was passed without vis- ible opposition of tank owners because it included an amnesty program they wanted. ------- CHAPTER III PAGE 9 GENERAL CONSIDERATIONS FOR SELECTING A FUNDING MECHANISM In this chapter, we describe a general ap- proach to selecting an appropriate funding mecha- nism for your UST program. This approach fol- lows three basic steps: • Determining your program's funding need. • Selecting among different revenue sources (general revenues, dedicated mechanisms, or bond proceeds). • Evaluating how alternative funding mechanisms perform with respect to revenues, distribution of the funding burden, and incentives. Each of these steps is discussed in greater detail below, and a matrix which provides brief, side-by- side comparisons appears in Appendix A. What Are the Funding Needs of Your Program? The three main considerations that will affect the funding needs of your program are discussed below. What Is Your Program's Scope And Design? Program scope and design are probably the most critical determinants of funding needs. The scope and design of a program are determined by the program activities, which, in turn, are deter- mined by factors such as: • Political and legislative concerns. • Environmental circumstances and con- cerns. • Program goals. • Tank characteristics (number, age, type, location, and ownership). • Standard operating procedures. An example of a factor that has political, environ- mental, and legislative overtones is deciding on whether the emphasis of the program will be on prevention or cleanup activities or both. For the purpose of this handbook, we define "prevention program" or "prevention activities" as those activities designed to prevent and detect releases of regulated substances. A prevention program may include the following: • Developing regulatory requirements such as new and existing tank system stan- dards, release detection requirements, testing, notification and other reporting requirements, and closure standards. • Implementing a notification program that provides a data base of all regulated tanks in a given jurisdiction. • Establishing a compliance/enforcement program that both monitors for compli- ance with regulatory requirements and ensures that systems not in compliance are corrected. • Investigating suspected releases for con- firmation purposes. "Cleanup program" or "cleanup activities" are defined as the responses made once the exis- tence of a release has been confirmed. Therefore, a cleanup program includes all activities to abate and remedy releases of regulated substances. ------- PAGE 10 The distinction between "prevention pro- gram" and "cleanup program" is made explicit here because some States are organized along these lines. In fact, in certain States, responsibil- ity for prevention and cleanup activities may lie in different agencies or departments. You will find that throughout this handbook we note that some of the funding mechanisms described are used for prevention programs, while others are used for cleanup programs. Appendices B through E in- clude data on how each mechanism is used. The data for each State or local government are based on that particular government's definition of the prevention and cleanup program, which may dif- fer from the definitions given above. The defini- tions above merely provide a common frame of reference. EPA recommends that both prevention and cleanup activities be funded. In fact, States must be prepared, either through direct funds or in-kind contributions (such as staff or equipment), to pro- vide the 25-percent match for UST program grants and the 10-percent match for the LUST Trust Fund beginning in Federal fiscal year 1989. In the event of a major cleanup that results from lack of attention to a problem, your jurisdic- tion may have to pay cleanup costs that are not covered by owners or operators of tanks. An effective prevention program that detects prob- lems early is the best insurance against both the environmental damage and the health risks caused by leaks. Is It A New Or An Ongoing Program? Just as program activities change during the life of a program, so do the funding needs of a program. For example, the funding needed for compliance monitoring, enforcement, and correc- tive action may be high at first but should decline and level off in the latter stages of a program as problems are corrected. Can Some Of The Effort Be Delegated? It may be worthwhile to consider incorporat- ing UST program functions into ongoing activities in other programs or agencies. For example, UST inspection requirements might be added to exist- ing inspection programs at less cost than creating an entirely new program. The ability to delegate program activities and responsibilities is heavily influenced by standard operating procedures, effi- ciency concerns, and personnel experience. Responsibility can also be delegated to tank owners and operators themselves. Shifting the re- sponsibility for certain activities to the regulated community is often referred to as "privatization." Privatization can substantially reduce the costs to the regulatory agency of many UST prevention activities. An example of privatization is requir- ing UST owners and operators to conduct (or hire someone to conduct) their own facility inspec- tions. The owner or operator would then be re- quired to report the results of the inspection to the regulatory agency. The regulatory agency can then verify the results of selected self-reported inspections and enforce against those who falsi- fied their results. This privatizing of work elimi- nates the need for your agency to conduct facility inspections at all facilities. What Are the General Approaches to Raising Program Funds? Although there is some movement toward the use of two or more funding sources, individual State and local programs (including UST pro- grams) typically have been financed by either annual appropriations from general revenues or dedicated program fees and/or taxes. There are benefits and drawbacks to both. The appropriations process places the UST program on equal footing with other public pro- grams supported with general revenues. Each year the needs of this program are balanced against competing demands for limited resources. Over time the amount of annual appropriations may become constant as the program matures and funding needs are well-defined. At the same time, a large one-time appropriation to cover a cata- strophic event can also benefit the program. In general, this process ensures program responsive- ness to changing public priorities. ------- PAGE 11 Dedicated fees or taxes remove the UST pro- gram from the budgetary process, providing some- what greater control to program management. Legislative control over program design and im- plementation may be diminished, and control over program priorities relinquished to the executive branch. At the same time, program activities may be limited by the capacity of the funding mecha- nism, and the program may forego periodic distri- butions of additional general revenues. Bonds are sometimes considered a third source of program funds. While bonds generate bond proceeds, they differ from the other two revenue sources in that they are simply a mecha- nism for spreading the funding burden out over time. Bonds do not remove the need for either general or dedicated revenue sources. Such sources are still needed to pay the annual debt service on the bonds, where "debt service" in- cludes interest expense and repayment of princi- pal. Bonds may be appropriate where initial pro- gram funding needs are higher than amounts that could reasonably be raised with dedicated fees or taxes or appropriated from general revenues (for example, for extensive removal, replacement, or cleanup activities). These other sources would then be tapped to repay the bonds, spreading the funding burden out over time. How Do Different Funding Mechanisms Perform? In selecting a funding mechanism for your UST program, it is important to understand and evaluate how that mechanism would perform in your particular situation. In the sections below, we describe how to evaluate different funding mechanisms with respect to three critical con- cerns: • What is the revenue potential of a mecha- nism? • What is the distribution of the funding burden? • What are the incentives (either desirable or undesirable) created by a mechanism? These issues are explored primarily as they relate to dedicated funding sources. While the same questions could be applied to general reve- nues, they are not concerns that are dealt with at the program level. For UST program managers, the primary considerations when evaluating gen- eral revenues are the amount of funds likely to be appropriated annually to the program and the continuity of those appropriations from year to year. What Is The Revenue Potential Of A Mechanism? A critical factor in evaluating any funding mechanism is its capacity to provide sufficient and predictable revenues. Revenue potential is how much money can be raised with a particular mechanism (annual and total projected revenues), and how stable those revenues are over time. Funding needs vary at different stages of a pro- gram; if a mechanism cannot provide sufficient cash flow when needed, it may hamper or inter- rupt program activities. Projecting Revenues To determine how much revenue a particular mechanism can generate, you must consider both the tax base and the tax (or fee) rate. For the mechanisms described in this handbook, the tax base can take many forms (such as tanks, facili- ties, petroleum and petroleum products, water, property, gross receipts, or income). Similarly, the tax rate can be expressed in several ways (in- cluding dollars per unit or percent of value). When estimating revenues from a new fund- ing mechanism, remember that the size of the tax base could change in response to the fee or tax. If tank owners respond to a tank fee by closing tanks, actual revenues would be less than pro- jected revenues. The experience of other pro- grams with similar mechanisms may help in esti- mating changes in the tax base in response to a new fee or tax. Another consideration is how the fee will be collected. If the program is responsible for fee collection, it will incur costs that will offset the ------- PAGE 12 proceeds from the fee. If the fee is collected through another department or agency and allo- cated to the program, there may be little or no cost to the program. Pattern Of Revenues Over Time Some funding mechanisms provide a one- time source of revenues; others provide a continu- ous source; and still others provide revenues that fluctuate over time. Ideally, the timing of reve- nues from one or more funding mechanisms will match the expenditure needs of the program. Mechanisms that provide a one-time or immediate source of cash (such as a surcharge on an existing tax) or that have a limited duration (such as one- time registration fees) may be more appropriate for short-term needs. In contrast, mechanisms that take time to establish (such as a product tax) but then provide a sustained source of revenues may be more appropriate for long-term funding needs. It is also important to consider whether pro- gram costs will increase over time (for example, as a result of inflation). If they are expected to increase, it is desirable to design a revenue source that grows with inflation. This could be accom- plished by indexing the fee schedule to inflation or by levying taxes on an ad valorem (percent of sales) rather than a per unit basis. Another ap- proach is providing for an automatic rate increase in response to program needs. Such a provision is contained in the Florida Product Tax described in Chapter IV. What Is The Distribution Of The Funding Burden? A second major consideration in evaluating a funding mechanism is determining who should bear the burden of program costs. While it is not an absolute necessity, choosing a funding mecha- nism that links the parties who pay with the prob- lems for which the funds are spent may strengthen a State or local government's efforts to establish dedicated program funding. Deciding who should pay for program costs can be based on one or more of the following principles: • Those firms or individuals who, as a group, created the need for the program should pay for its costs. • Those individuals or groups who benefit from program activities should pay those costs. • When the benefits of a program are widely dispersed and the first principle is not dominant, all taxpayers should pay the program costs. There are no hard-and-fast rules on how the funding burden should be distributed. The rela- tionship of each of these three principles to the funding approaches discussed in this handbook is explained below. "Those Who Created The Need Should Pay" This principle can be used to support fees or taxes on producers and suppliers of petroleum (and products) and on tank owners or operators whose activities create the need for an ongoing program to prevent the possibility of ground-water contamination from a release. This principle is most applicable to funding for the prevention aspects of an UST program. "Those Who Benefit Should Pay" The idea that people who benefit from public programs should pay for them is a standard prin- ciple of tax equity in other contexts. For example, this benefit principle is often used to justify the use of gasoline taxes to finance highways; those people who use the most gasoline are likely to be the ones that benefit the most from publicly pro- vided highways. Beneficiaries of an UST pro- gram might include water users who benefit be- cause prevention of UST releases helps ensure water quality. Or, in a geographic area of known leakages, cleanup of the area can benefit all prop- erty owners by increasing property values. A somewhat different application of the bene- fit principle applies to benefits that accrue over time. This means that in any one year people ------- PAGE 13 should pay for only that portion of the benefit that accrues in that year. This intergenerational bene- fit principle would justify bond financing in the case of a program to clean up sites that reflect past events, such as leaks from abandoned tanks. This cleanup program clearly benefits both current and future citizens; therefore, under the intergenera- tional benefit principle, cleanup costs should be spread out over current and future taxpayers. "Widely Dispersed Program Benefits Should Be Paid For By All Taxpayers" When benefits are widely dispersed (and burdens are not imposed on the creators of the problem), the cost may be spread among all tax- payers through the use of broad-based taxes or general revenues. Use of either of these funding sources weakens the link between the program and the funding of that program. Targeted fees would be inappropriate funding mechanisms be- cause the burden would fall on only a segment of the beneficiaries. Regulating tank owners or pro- viding oversight for cleanup activities might be considered a worthwhile public expenditure simi- lar in spirit to education, which provides benefits to large segments of the population. What Are The Incentives Created By A Mechanism? A third major consideration in evaluating a funding option is the incentives created by the fee or tax. It is important to understand whether and how a mechanism can be used to create positive incentives, and how to avoid or minimize perverse incentives. Those funding mechanisms that are closely tied to UST program activities (such as tank fees or petroleum product taxes) may influence tank management decisions, such as the selection of tanks or the handling of petroleum products. For example, a two-tiered tank fee schedule based on compliance with regulatory requirements could encourage the use of a preferred technology. Pe- troleum product taxes, if passed through to the customer, may lead to reduced consumption of those products. The ability to create positive incentives with many of the funding mechanisms identified in this handbook is limited by three factors. First, even at currently used or proposed rates, the tax or fee will generally not be large enough to induce firms to shift to the preferred technology if the differential cost of that technology greatly exceeds the fee. Second, once States set the standards for management practices, setting fees for varying levels of compliance will be difficult. Finally, the administrative costs associated with differential fee schedules, could require the inspection of every tank and could far exceed the marginal revenues generated by the mechanism. While the potential for positive incentives is limited, any revenue source can lead to undesired behavioral responses. For example, a tank fee might encourage some firms to avoid registering their tanks; an additional tax on gasoline in one State may induce consumers to buy some of their gasoline in other States. In all cases, the higher the tax rate, the greater the incentive for undesir- able behavior. Although undesirable effects can- not be avoided completely, they can be minimized by keeping tax rates relatively low. This discussion suggests that the primary jus- tification for choosing most funding mechanisms should be based on their ability to fund a program. However, to the extent that those mechanisms also create appropriate economic incentives, that fact may be used to support the selection of a mecha- nism. Program managers should also be aware of factors other than fees or taxes that create incen- tives for better tank management, such as finan- cial assurance requirements or potential cleanup actions. In most cases, these regulatory expenses are far greater than any currently imposed fee or tax and may operate as partial incentives to tank owners and operators. ------- CHAPTER IV PAGE 15 FUNDING MECHANISMS FOR STATE PROGRAMS Some funding mechanisms are better suited for either State or local application; some are suitable for both. This chapter presents informa- tion on mechanisms that are suitable for State UST programs. Each mechanism is discussed in the same manner. First we describe the mecha- nism, then we relate its performance to the factors given in Chapter III, and finally we give examples of current use, whenever possible. The examples appear in inset boxes and cover why a mechanism was chosen, how it was implemented, what was learned, and general comments and recommen- dations that the program officials wished to share with us. As noted earlier, EPA's 1987 survey of State UST funding is the main source of the funding data cited in this handbook. Raw data appear in Appendices B through E; a summary of all State funding mechanisms appears in Chapter VI. (We want to remind the reader that the data in Appen- dices B through E represent only what was being done by the States at the time this handbook was written. Many States are now in the process of developing programs. As a consequence, the figures we cite here may already be changed.) The dedicated mechanisms that States are currently using to fund their UST programs in- clude: • Registration and permit fees. • Petroleum product assessments. • Bonds. • Corporate receipts or income taxes. • Other mechanisms in use. As discussed in Chapter III, deciding who will pay the tax and understanding how the tax burden will affect the taxed party is critical to the success of your program. The funding mecha- nisms are discussed in light of who will bear the tax burden. We hope that this approach will help you, the program official, in your decision-making process. Registration and Permit Fees Registration and permit fees can be consid- ered as costs for the privilege of conducting cer- tain types of activities (such as operating or in- stalling a tank system in order to run a gasoline station) and as payment for the services provided by a government agency. These fees are often viewed as a way to provide a measure of control over the business operations and procedures that affect the welfare of a business community. The possibility of a fine or revocation of a license can help persuade businesses to comply with State or local requirements. Registration and permit fees may be defined as follows: • Registration fees are fees paid to cover notification and recording. They require nothing more of the regulated party. • Permit fees are fees paid to obtain a permit. They require the regulated party to meet certain operating or performance standards. As shown in Appendix B: Registration and Permit Fees By State, 17 States currently use reg- istration and/or permit fees to fund their UST pro- grams. They are: California, Delaware, Florida, Illinois, Iowa, Kansas, Louisiana, Maine, Ne- braska, New Jersey, New Mexico, New York, Ohio, Oregon, Texas, Utah, and Vermont. ------- PAGE 16 Most of the States in this group use tank or facility fees. A few States use other varieties of registration and permit fees. One variation is a site activity fee. Another is certification or li- cense fees. Brief descriptions of each of these types of fees appears below. Aside from general revenues, registration and permit fees are the most common method of fund- ing State UST programs. Because these fees place the funding burden directly on responsible parties (such as owners and operators), they establish a clear link between the fee and the program. The process of collecting fees itself supports program activities by helping to verify and improve tank data in the program. The revenue-generating potential of registra- tion and permit fees is limited by the number of tanks, facilities, personnel, activities, and so forth that are taxed and the rate of the fee. In addition, revenues may be affected by changes in the af- fected population. Tank And Facility Fees Tank and facility fees are paid by tank and facility owners or operators. Often they consist of a one-time registration fee and a yearly (or peri- odic) renewal fee. Some States impose a multi- year fee; some States have counties set their own fees. Tank and facility fees vary according to: • Size of tank. • Kind of product stored in the tank (chemicals or petroleum). • Size of the business (in terms of square footage of buildings, number of employ- ees, or other characteristics). • Number of tanks. • Amount charged (currently ranging from $3 to $100 per tank; generally in line with other State fees). Some States exempt certain tanks or facilities (for example, State and local government tanks, heating oil tanks, farm tanks) from any fees. Ex- amples of how Maine and Florida are using this funding mechanism are discussed in inset boxes. Revenues from periodic tank or facility fees tend to fluctuate in the first few periods as more owners and operators are identified and as some drop out by closing their tanks in response to the new regulatory requirements. Some States have found that owners tend to close tanks that either are so far out of compliance that the cost of bring- ing them into compliance is prohibitive or are of marginal usefulness to them. Although this is a desirable result from an environmental point of view, it causes fee revenues to level out as the tank population stabilizes. One-time registration fees provide an initial infusion of funds, but the revenues are reduced considerably once the ma- jority of tanks have been registered. At current and proposed fee rates, the eco- nomic impact on the majority of tank and facility owners and operators is likely to be small. For most, the fees will be considerably less than the cost of local license or business fees or other regu- latory requirements (for example, leak detection or financial responsibility). For owners or opera- tors of tanks of marginal utility or profitability, however, the fees affect the decision to maintain or close a tank, or the fees could discourage notifi- cation and registration altogether. Site Activity Fees Site activity fees are fees charged by an UST regulatory agency for any activity that requires the agency to visit the facility. For example, agencies can charge for inspections or for investigations of a reported release. These fees are usually calcu- lated by hourly rates and are often adjusted de- pending on when the activity takes place (for example, a higher fee is charged during non-busi- ness hours). Illinois currently uses a site activity fee to provide a portion of the funds for its UST program. Details of the Illinois fee appear in Appendix B. ------- PAGE 17 Tank Tester And Installer License Fees Tank tester and installer license fees are fees charged to certify or license tank tightness testers or installers. Tank testers and installers are often licensed by State or local regulatory agencies to ensure the quality of their services. These fees can be imposed before a tank tester or installer takes a licensing exam or before issuing a license. Annual renewal fees can also be imposed. These types of fees are both a method of raising revenue and a system of keeping track of who is perform- ing tank services. Unlike the mechanisms described previously, license fees should not be considered a primary source of UST program funding. The revenue potential of these fees is limited by the number of licenses issued and the amount of fee that can be reasonably imposed. These fees can, however, be used to offset the administrative costs of issuing licenses, which is consistent with the fee-for- service concept. Maine's Tank Installer Cerfifica- tion Fee provides an example of how these fees can be structured. Maine's fee is discussed in the inset box following the discussions of the Maine and Rorida tank fees. THE MAINE TANK REGISTRATION FEE Maine uses an annual Tank Registration Fee to partially support its Ground Water Oil Cleanup Fund, which pays for UST program administration and cleanup. Fees are assessed on owners or op- erators of underground storage tanks according to the following schedule. The fee per tank is: Less than 6000 gallons $25 6000 gallons or more $50 Late charge $75 or $ 150 Late charge on consumptive- $50 use tanks registered after May 1, 1986 Fees are due on or before January 1. The $75 or $150 late charge (three times the initial tank registration fee) is imposed on February 1. The Department of Environmental Protection's (DEP) Bureau of Oil and Hazardous Material Control (Bureau) has one full-time data processing em- ployee to maintain a data base, send out bills, and track fee payments. Why This Mechanism Was Chosen State legislators supported the development and implementation of a tank fee for two reasons. • Traditionally, Maine has used dedicated funding mechanisms for State programs. • Advocates of the fee argued that tank fees are equitable because owners and operators of tanks are responsible for any contamination caused by UST system leaks. Maine's fee schedule is based on the idea that smaller facilities with presumably smaller tanks would be less able to pay the fee. DEP acknowl- edges that the problems caused by leaking tanks bear little relation to tank size and that tank size is not a good indicator of ability to pay. However, DEP believes that net profit, possibly a better indicator, would be difficult to integrate into a fee schedule. In determining which parties should pay the fee, the legislature excluded tanks that store petro- leum for consumption on the premises. While the legislature recognized that all tanks have the po- tential to leak, it believed that owners and opera- tors of marketing and distribution tanks are in a better position to pay the fee because they sell the product for profit. Just as petroleum wholesalers who pay a product fee pass some or all of the tax burden on to their buyers, so too could tank own- ers and operators pass the burden on to their cus- tomers. The legislature also believed that it would be easier to administer the fees levied on marketing and distribution tanks than those levied on resi- ------- PAGE 18 dential and industrial tanks because groups of marketing and distribution facilities often have the same owner. (An estimated 5300 marketing and distribution facilities are subject to the fee; some have the same owner. An estimated 6500 residen- tial and 10,000 commercial industrial tanks could be subject to the fee; few have the same owner.) What Was Learned Based on the number and kind of tanks, the Bureau projected that the fee would generate ap- proximately $250,000 in the first year. It actually generated $225,000 in the fiscal year from July 1985 to June 1986 and $170,000 for the period from July 1986 through May 1987. The Bureau attributes the discrepancy between actual and projected revenues to changes in the tank popula- tion that resulted from 1985 legislation. This legislation imposed liability requirements and tank technical standards. The fee has generated approximately one-fifth of the total funding for the Ground Water Oil Cleanup Fund. The balance is generated through a Petroleum Product Transfer Fee. Bureau officials noted that the tank fee has helped them in updating tank population records and identifying responsible parties in the event of aleak. Comments Accounting and data systems need to be well established before this funding mechanism can be- come effective. Enforcing tank fees and late charges has increased the administrative burden of Bureau staff. THE FLORIDA TANK REGISTRATION FEE The Florida Administrative Code requires all owners and operators of storage systems (both above and below ground tanks) containing vehicu- lar fuels to register their tanks with the Florida Department of Environmental Regulation (DER). The State Underground Petroleum Response Act (SUPER) imposes the following fees on a per-tank basis: • Initial registration $50 • Annual renewal $25 • Late charge (one month late) $20 Revenues from fees on petroleum product tanks are deposited in the Inland Protection Trust Fund, which is used to clean up surface or ground- water contamination related to l.he storage of pe- troleum products. The Storage Tank Regulation Section (the Section) in DER's Bureau of Waste Planning and Regulation is responsible for administering the tank fee. The Section uses the 'data base compiled during the initial (1984) tank registration effort to identify registrants. It sends a bill to each regis- trant for the annual renewal fee, which is due no later than June 1. Why This Mechanism Was Chosen The Department supported implementation of a tank fee because it assesses the population most likely to be responsible for serious damage from leaks, that is, the owners and operators of large vehicular-fuel tanks. DER officials noted that the larger tanks tend to be in more populated areas and that they could affect a large number of pri- vate drinking water sources. The State legislature strengthened the tank fee in 1987 by making it unlawful for a petroleum distributor to sell gaso- line to an unregistered facility. DER officials feel that the law has been instrumental in promoting compliance with the registration requirement. How It Was Implemented The primary difficulty with implementing the tank fee was establishing an accounting and bill- ing system to accommodate the large numbers of registrants. The first bills for initial registration were sent in February 1987, and the renewal no- tices were sent in May 1987. When the Section began registering tanks, it employed 13 data entry technicians to handle the heavy administrative burden. Since then, the workload has decreased, and the Section anticipates staff decreases as a result. ------- PAGE 19 What Was Learned DER officials believe that collecting the fee has sharpened Florida's UST program in the following ways: • Upon receiving bills, tank owners and operators notified the Bureau to correct errors in the data base. This improved the accuracy of the data base enough to eliminate the neces- sity of separate tank surveys. • Approximately 2 percent of the tanks initially registered have been removed or properly closed. The Section believes that these actions resulted from the desire toavoid paying fees on older, noncomplying, or unused tanks. Because old tanks have been removed or replaced since 1984/85 when the data base was compiled, revenues from the tank fee have been slightly lower than projected. The Sec- tion sent 19,236 initial registration fee forms to tank owners in February 1987, representing approximately 56,000 tanks. Payments of the initial fee generated approximately $2.3 mil- lion. The Section sent 14,692 renewal fee forms in May 1987 and received $649,000 by the due date. This figure is significantly lower than the $2.3 million figure because it is based on the $25 renewal fee, rather than on the $50 registration fee. Although these funds are used primarily for remedial action, 1 percent of the revenue may be used for administrative costs related to fee collection. Comments The Section has received numerous com- plaints about the fee, most from small gas station owners who claim the fee is unfair or that they are unable to pay. The Section does not believe, however, that the relatively small fee will cause economic hardship. Large mo- tor-fuel distributors have complained as well, claiming that the fee is unfair because they must pay a product tax and a tank fee. Many large distributors who are tank owners have be- gun to pass the fee on to dealers. THE MAINE TANK INSTALLER CERTIFICATION FEE Maine established a certification fee in 1985 to be imposed on all tank installation contractors in the State. Installation contractors applying for certification are required to pay a $35 application and examination fee. This fee allows the appli- cant to take the oral or written test on under- ground tank installation rules. First-time appli- cants must also successfully complete an on-site exam that consists of installing an underground storage tank under the supervision of a member of the State Board of Underground Oil Storage Tank Installers. A $100 fee for this on-site exam is required. Installers are required to renew their license every 2 years, to pay the $35 application and examination fee, and to take the oral or writ- ten exam. On-site examinations are not required to renew a license. Currently, there are approxi- mately 250 certified tank installers in the State. Why This Mechanism Was Chosen The revenue generated from this mechanism was intended to offset some of the administrative costs of the Board of Underground Storage Tank Installers and the costs of training materials. How It Was Implemented Although most staffing costs are provided through the Maine Ground Water Oil Cleanup Fund, this mechanism is useful in generating ad- ditional revenue with very few implementation or enforcement problems. What Was Learned The State did not have figures for actual revenues collected. However, based on the num- ber of installers currently certified, it can be esti- mated that the fee has generated $33,750 from initial application and on-site examination fees and that it generates approximately $4,375 per year from renewal fees. ------- PAGE 20 Comments Officials of the Maine Bureau of Oil and Haz- ardous Material Control commented that this mechanism may also dissuade unqualified tank installers from applying for certification. Petroleum Product Assessments petroleum-refining or chemical-processing activities. Keep in mind that the strength of those industries in a particular State may influence the legislative acceptability of petroleum product taxes. In addition, there are differences between sales taxes and petroleum excise taxes that should be considered. Gasoline Sales Tax Petroleum product assessments include taxes or surcharges on the manufacture, distribution, sale, or consumption of petroleum products, at either the wholesale or retail level. These taxes can be justified as payment for the cost that their consumption places on society. They are levied on distributors, retailers, and consumers at a rate that may be a percentage of the sale price or a per- unit charge. Petroleum product assessments may vary according to product type and use, and they can exempt certain products or users. There are two major categories of petroleum product assess- ments: • Gasoline sales tax, which is usually assessed at a rate per gallon or barrel. • Petroleum product excise tax, which in- cludes taxes on imports of crude or refined petroleum, licensing fees on processed fuel, and transfer fees. As shown in Appendix C: Petroleum Product Assessments by State, nine States currently use petroleum product assessments to fund their UST programs. The States are: Florida, Maine, Mary- land, Minnesota, New Hampshire, New Jersey, New Mexico, New York, and Wisconsin. Each State levies a petroleum product excise tax. Ex- amples of what two States (Maine and Florida) are doing appear in boxes. As broad-based mechanisms (mechanisms that spread the burden over a larger population), petroleum product assessments can raise consider- able revenues at relatively low rates (for example, only a few cents per barrel or tenths of a cent per gallon). Petroleum product assessments are most beneficial in those States or localities with large The precedent for using a gasoline sales tax to fund UST programs was established with the crea- tion of the LUST Trust Fund, which imposes a tenth of a cent per gallon tax on motor fuels. Be- cause of the broad tax base, gasoline taxes have the potential to raise considerable revenues at relatively low rates (for example, tenths of a cent per gallon). Total revenues, however, will fluctu- ate with consumption, which rises or falls with changes in price. While virtually every State levies a tax on gasoline, many currently use the revenues only for road construction or transporta- tion services; in some States, use of gasoline taxes may be constitutionally restricted to those activi- ties. In addition, the gasoline sales tax is increas- ingly used as a means to raise general revenues at the State level. The revenue-generating potential for UST programs may, therefore, be limited. The economic impact of a gasoline sales tax depends on where the tax is imposed; it could be imposed on producers, distributors, wholesalers, or retailers. One concern is that gasoline taxes tend to be regressive, meaning that low-income consumers pay at the same rale as high-income consumers. Also, increasing a gasoline sales tax could cause some negative economic impacts in those States whose tax rates are already high, especially where consumers can purchase gasoline in border States which charge lower tax rates. Petroleum Product Excise Tax The consumption of petroleum products other than gasoline (primarily for manufacturing) is closely tied to overall economic activity. Hence, general trends in the economy may cause petro- leum product assessment revenues to fluctuate. ------- PAGE 21 If a petroleum product excise tax is placed on primary feedstocks (such as crude oil), consider- able revenue can be generated at very low rates. (This is the mechanism used to fund the Compre- hensive Environmental Response, Compensation and Liability Act [CERCLA or Superfund].) For other products manufactured from petroleum (such as benzene, solvents, kerosene, pesticides), the revenue-generating potential may also be con- siderable, depending on the amount of chemical- industry activity in a given State or locality. The economic impact of a petroleum product excise tax falls directly on the producers and/or distributors of petroleum products. Because this burden may be passed along to consumers in the form of higher prices, the relatively low tax rates may not significantly affect producers. THE MAINE PETROLEUM PRODUCT TRANSFER FEE Maine uses a Petroleum Product Transfer Fee to help support both the Ground Water Oil Cleanup Fund and the Coastal and Inland Surface Oil Cleanup Fund. The fees are paid by oil termi- nal licensees. Oil terminal facilities are defined as facilities with a greater than 500-barrel-storage capacity that are used or capable of being used for the purpose of transferring, processing, storing, or refining oil. Marinas that are both purchasers and consumers of fuel are exempt from the licensing and fee requirements. The fee is levied on gasoline and petroleum products and by-products other than gasoline (such as No. 2 and No. 6 fuel oil, kerosene, jet fuel, diesel fuel), liquid asphalt, and crude oil. The fee schedule for the Ground Water Oil Cleanup Fund is: Gasoline SO.OS/barrel Other refined petroleum products (excluding crude oil and liquid asphalt) $0.02/barrel The fee schedule for the Coastal and Inland Sur- face Oil Cleanup Fund is: Gasoline $0.0 I/barrel Other refined petroleum $0.05/barrel products (including liquid asphalt) Crude oil $0.0l5/barrel The Transfer Fee is paid monthly by the oil terminal facility licensee. The Department of Environmental Protection's (DEP) Bureau of Administration (Bureau) keeps track of the pay- ments and issues letters if they are not made. The Ground Water Oil Cleanup Fund is used solely for UST-related activities and receives revenues from tank fees and installer certification fees, as well as from the oil transfer fee. The Coastal and Inland Surface Oil Cleanup Fund is used to respond to surface spills and receives revenues only from the transfer fee. Why This Mechanism Was Chosen Legislators developed the Ground Water Oil Cleanup Fund as an extension of Maine's Coastal Protection Fund, which was established in 1970 using an oil transfer fee. Revenues from the fee are divided between the two funds in order to address underground leaks as well as surface spills. There was some difficulty with equity ques- tions such as whether liquid asphalt producers should be subject to the tax. Negotiations with the affected industries resolved many of the problems encountered in the implementation of the fees. How It Was Implemented Because of Maine's experience with its Coastal and Inland Surface Oil Cleanup Fund, implementing the additional fees required less development than would initiating a new tax for the Ground Water Oil Cleanup Fund. ------- PAGE 22 What Was Learned Oil company compliance has been good. In FY 1987, approximately $1.1 million was gener- ated by the oil transfer fee for the Ground Water Oil Cleanup Fund. An additional $709,000 was generated for the Coastal and Inland Surface Oil Cleanup Fund. In the first three quarters of fiscal year 1988, the transfer fee has generated $686,000 for the Ground Water Oil Cleanup Fund and $560,000 for the Coastal and Inland Surface Oil Cleanup Fund. THE FLORIDA PETROLEUM PRODUCT TAX Florida maintains an Inland Protection Trust Fund which is explicitly authorized to address and correct problems caused by leaking petroleum or petroleum product storage tanks. Revenues for the fund are generated primarily through an excise tax on all petroleum products. Additional revenue is generated through a fee on vehicular-fuel stor- age tanks (described earlier), judgments, recover- ies, reimbursements, and loans from other State funds. This tax is paid by "any person who is li- censed by the Department to engage in the pro- duction or importation of motor fuel, special fuel, aviation fuel, or other pollutants." While several taxpayers (such as producers exporting beyond the jurisdiction of the State with no intermediate stor- age) are exempt from this tax, they do not consti- tute a significant portion of the assessable popula- tion. In addition, refunds and credits arc available for taxpayers who are double taxed, such as li- censed refiners who purchase tax-paid products from another refiner and export these products from the State. The rate structure of the petroleum product tax is designed to maintain a stable dollar amount in the fund. When the law was passed in 1984, the tax was 10 cents per barrel. The law stipu- lated that if the fund did not exceed $5 million by January 1, 1987, the tax was to increase to 20 cents per barrel until the fund reached $15 mil- lion. At that point, the tax would be reduced to 10 cents per barrel. When the fund reaches $50 mil- lion, the tax will be discontinued until the fund falls below $35 million. At that point, a tax of 10 cents per barrel would be assessed once again. These changes in rate would take effect 60 days after the conditions stated in the law are reached. To date, the Petroleum Product Tax has generated approximately $20 million. The taxpayer submits a monthly report to the Florida Department of Revenue, which admini- sters the tax. The taxes are due on the first of the month following production and are late if paid after the twentieth of the month. Revenues are deposited into the Gas Tax Collection Trust Fund, and the appropriate amount (determined from the monthly report) is then transferred to the Inland Protection Trust Fund. Why This Mechanism Was Chosen The Florida legislature reasoned that the cleanup of contaminated sites would be more expedient if a dedicated trust fund, rather than litigation, were used. The primary objection to a Petroleum Product Tax was raised by major oil companies who had upgraded their UST facilities and established their own cleanup funds. Depart- ment officials argued that smaller tank owners would not be able to provide sufficient financial assurance. How It Was Implemented and What Was Learned The Inland Protection Trust Fund builds on an existing tax on the production and transfer of oil and petroleum products (initially established to support the Coastal Protection Trust Fund). As such, the tax was relatively easy to implement; revenue estimates were based on previous experi- ence. ------- PAGE 23 Bonds Bonds are distinct from the other funding mechanisms presented in this Handbook. While they can be used to provide one-time or periodic financing, they are not strictly a source of reve- nues, as bonds must be repaid. Instead, bonds are a means of spreading the funding burden out over time. The issuer of a bond receives monies up front and then repays the bond over time through "debt service," which includes interest expense plus repayment of principal. Debt service can be paid from general revenues, from project reve- nues, or from special taxes or fees, as described below. Bonds typically are used in one of two ways by State and local governments. They can pro- vide direct funding for projects (such as wastewa- ter treatment plants or highways) whose large capital costs are incurred immediately but whose benefits extend into the future. Alternatively, they can be used to "capitalize" (or fund) a re- volving loan fund. There are several important factors to con- sider when evaluating the use of bonds for pro- gram funding. • Examine the expenditure needs of your program. Where program funding needs (for example, for extensive cleanup activities) are higher than amounts that could reasonably be raised with dedicated fees or taxes or appropriated from general revenues, bonds may provide a source of funds. • Determine how the bonds will be repaid (as they are not a source of revenues in and of themselves). • Examine the equity of bond financing, that is, the rationale for spreading the funding burden out over many years. Where the benefits from program expenditures will be enjoyed into the future, the repayment of bonds places the funding burden on those future benefi- ciaries. • Consider the cost of issuing bonds. A major drawback of bonds is the interest expense, which when extended over 20 or 30 years can more than double the initial project cost in nominal terms. While some of that cost may be offset by the time value of money (that is, the present value of the debt service used to repay the bonds may equal the initial project cost), there may be other expenses that make the use of bond funding more expensive than other sources of revenues. This last consideration makes bonds generally inappro- priate for funding operating costs, such as for prevention activities. The application of bonds to funding UST pro- grams is limited primarily to cleanup activities. As noted above, bonds typically are used to pay for up-front capital costs; the repayment of debt is then spread out over the useful life of the project. In environmental programs, bonds have been used to pay for cleanups that result in benefits extend- ing long into the future, those benefits being re- duction or elimination of threats to public health and the environment (for example, the protection of groundwater). States with considerable bond funding for environmental programs include Cali- fornia, Massachusetts, New Jersey, and New York. These States have approved bonds to sup- port their hazardous waste (or Superfund) cleanup programs, which may extend to problems result- ing from UST systems, depending on the sub- stances stored in those tanks and the comprehen- siveness of the program. Government bonds fall into three major classes of debt: • General obligation bonds. • Revenue bonds, and • Special tax bonds. They differ with respect to the revenue pledged for repayment of debt service, their inter- est rates, the need for voter appproval, and other restrictions on their use. The following para- graphs describe each of these bonds in greater detail. ------- PAGE 24 General Obligation Bonds General obligation bonds are paid out of gen- eral revenues and have their repayment insured by the full faith, credit, and taxing power of the is- suer. If the taxes levied initially are insufficient to meet the interest payments in any period, the issuer is legally obligated to either raise the tax rate or broaden the tax base to obtain the neces- sary funds. If the issuer's taxing power is limited to a specified tax rate, the bonds are still general obligation bonds, but they are called limited tax bonds. Purchasers must be informed of the limita- tion on the issuer's taxing power. It should be noted that general obligation bonds, while repaid from general revenues, differ from general reve- nues as a source of program funding. Essentially, general obligation bonds commit the issuer to payment of debt service from general revenues for the term of the bond. When the program is funded directly from general revenues, those funds are subject to appropriations from year to year. General obligation bonds often carry the low- est available interest rate of any State of local bond offering because they are backed by the "full faith and credit" of the State or locality. Bond purchasers generally consider this one of the most secure sources of repayment. There are, however, two major restrictions on the use of gen- eral obligation bonds. They are subject to voter approval (usually through referendum), and they are limited by ceilings on the total amount of general obligation debt that can be issued by a State or locality. This limit is sometimes ex- pressed on a per capita basis. Revenue Bonds Revenue bonds are repaid from revenues gen- erated at facilities constructed with the proceeds of the bond or other facilities owned by the State. Revenues are generated by tolls, charges, or rents. Bonds payable primarily from revenues of a par- ticular facility and also secured by a pledge of the full faith, credit, and taxing power of the issuer are called double-barreled bonds. (For example, sewer bonds are payable primarily from revenues of the sewer system, but they are also secured by the full faith, credit, and taxing power of a city.) The interest rate on revenue bonds is often higher than the rate on general obligation bonds. This higher rate reflects the inherent "riskiness" of the project (that is, the possibility that revenues generated from user fees would be insufficient to cover debt service) and the lack of full faith and credit backing. For "double-barreled" bonds, the interest rate may be equal to that available on general obligation bonds. One advantage is that revenue bonds generally do not require voter ap- proval and do not count against a State or local government's debt ceiling. The use of revenue bonds for environmental programs (such as USTs) is limited to those projects that may reasonably collect a fee for a product or benefit derived from the expenditure. Special Tax Bonds Special tax bonds are repaid only with funds raised by a special tax (such as highway bonds that are repaid only from a gasoline sales tax). These bonds include special assessment bonds, which are payable only from taxes paid by those who benefit from the facilities constructed with the proceeds from the sale of the bonds. (For example, special improvement bonds for curbs and gutters are paid for by citizens who live in the jurisdictions that benefit from the new curbs and gutters.) The interest rate on special tax bonds is likely to be higher than the rate on general obligation bonds. Again, the interest rate reflects the bond purchasers' perception of the security of the revenue stream pledged for repayment of the debt. If the special tax is subject to legal chal- lenge or repeal, or if it generates an uneven flow of funds (because of, say, changes in the level of economic activity), purchasers may require a higher return on the bond. In most cases, special tax bonds are not subject to voter approval, and they do not count against State or local debt ceil- ings. ------- PAGE 25 Revolving Loan Funds Capitalized With Bonds Bonds can also be used to "capitalize" a re- volving loan fund program. A revolving loan fund is a program that lends to localities at interest rates equal to or less than the State's own borrow- ing rate. Under this program, the State issues bonds, whose proceeds are used to set up the fund. The State is then responsible for repaying the debt service on the bonds. Localities can then borrow from the loan fund to finance specific projects and will, in turn, repay the fund. The security of the State debt may be linked to payments from locali- ties. The major attraction of a revolving loan fund is its potential for long-term self-sufficiency. Once it is capitalized, loan repayments are used to replenish the fund and make loans for future proj- ects, thereby leveraging the State's initial invest- ment. In practice, however, few revolving loan funds operate on a "true" revolving basis, with loan repayments maintaining the fund at a level that would allow it to operate in perpetuity. The ability of a revolving loan fund to maintain its purchasing power will be affected by the terms under which it makes loans to localities. One ad- vantage of this program is that it allows localities to borrow funds at below-market interest rates and to repay those funds over an extended period of time. Such generous lending practices by the State, however, limit the overall funding available through this mechanism. THE CALIFORNIA HAZARDOUS SUBSTANCE CLEANUP BOND FUND California established the Hazardous Sub- stance Cleanup Bond Fund (Bond Fund) in 1984 to fund both its share of hazardous waste removal or cleanup activities as required by CERCLA and those waste removal or cleanup activities of State- selected sites that are not eligible for Federal reimbursement. The State appropriated $7.5 mil- lion from the Bond Fund to the California Water Resources Quality Control Board to oversee the cleanup of leaking UST systems. The State may issue up to $100 million in debt for the Bond Fund. When it established the Bond Fund, the legislature specified the methods for repayment of the bonds, the priority of each method, and an account (a hazardous substance clearing account) for making the payments. The sources of funds and their priority for use in re- paying the bond are as follows: • Money from the premium and accrued interest on bond proceeds which are sold. • Recoveries from responsible parties. • Federal reimbursements. • Monies from the Hazardous Waste Dis- posal Tax up to $5 million and other un- obligated monies generated by the tax. • General revenues. The Hazardous Waste Disposal Tax funds most of the bond repayment. It is levied on all persons disposing of more than 500 pounds per year of any kind of hazardous waste. Different rates are assigned to different types of hazardous wastes. The rates are adjusted annually so that the total revenue will be $15 million. The tax is to be terminated on July 1, 1991, but State officials believe it may be extended. Although this tax and the other sources for repaying the bond are clearly specified, the bonds are backed by the full faith and credit of the State. Why This Mechanism Was Chosen California officials established the Bond Fund because they felt that the Hazardous Waste Dis- posal Tax alone could not generate sufficient funds to pay the costs of hazardous waste cleanups in the State. The officials decided to forego a portion of the Hazardous Waste Disposal Tax -- $5 million per year and other unobligated monies generated by the tax -- to finance bonds that would generate a large amount of money in a short time. The advantage of this system is that California does not dedicate all tax revenues to bond repayment. As a result, California has both a constant stream of revenues from the Hazardous ------- PAGE 26 Waste Disposal Tax and a large amount of capital from the bonds. What Was Learned California has issued $50 million worth of bonds to date and plans to issue $50 million more in 1988. To date the State has been able to fi- nance its entire repayment of these bonds from its top four priority sources (as listed above). No general revenues have been needed or used; the State does not expect to need them for this pur- pose in the future. Corporate Receipts or Income Taxes Corporate receipts or income taxes may be levied on corporations and major businesses within the State. This type of tax could be levied on all corporations or only those that own under- ground storage tanks or handle petroleum prod- ucts. In fact, many States already have corporate taxes which are used for other purposes; therefore, these taxes can be added to existing State or local business taxes, eliminating the need to create a new tax. While both the corporate receipts and income tax mechanisms tax a firm's income, they draw from different bases and apply different rates. Both the corporate receipt tax (often called a gross receipt tax) and the corporate income tax are de- scribed below. • A gross receipts tax uses total revenues as its base; it does not take the firm's ex- penses into account. • An income tax uses the firm's revenues after deducting expenses as its base. A gross receipts tax typically uses a larger dollar base and a lower rate than an income tax. Both taxes can be levied at different rates depend- ing on the size or type of the business, and both can be collected in conjunction with any existing corporate tax and transferred to an appropriate fund. One example of a corporate income tax, the Superfund Corporate Income Tax, is presented below. The relationship of a corporate receipts or in- come tax to your UST program will depend on the structure of the tax base -- who and what is taxed? In most cases, small businesses such as "mom and pop" establishments are exempt from this type of tax. However, there are other considerations to be made. For example, if only those businesses that produce, import, or consume petroleum-based products are taxed, one can say that revenues are raised from the parties who potentially contribute to the problem. On the other hand, if the tax base is broader, including, for example, all types of commercial businesses or industries, one can argue that revenues are being raised from those who benefit from UST program activities, and the revenue potential may be much greater. While the revenue-generating potential of a broad-based corporate receipts or income tax is very high at relatively low rates, corporate re- ceipts and income taxes are subject to fluctuations consistent with the business cycle. They are also subject to change due to modifications in the defi- nition of the tax base (that is, what is considered receipts or income). If the corporate tax base is broad enough, the funding burden will be shared by a large number of taxpaying entities, and the economic impact on individual businesses will be kept to a minimum. In most States, corporate receipts or income taxes are a component of general revenues. Their percent contribution to general revenues varies from State to State depending on the rates im- posed and the other sources of revenues; for ex- ample, some States impose no personal income tax. Many State legislators may be unwilling to earmark a portion of business tax revenues for a specific program, believing that all public pro- grams should compete equally for general reve- nues. Clearly defining the tax base in terms of who pays on which measure and demonstrating the relationship between these parties and the UST problem may help to overcome such obstacles. New Jersey, for example, requires owners and operators of hazardous waste facilities to pay a 5- ------- PAGE 27 percent tax on gross receipts to the municipality in which the facility is located. The municipalities use the receipts from this tax to pay the expenses made necessary by the hazardous waste facility (for example, the extra fire and police protection, the inspection programs, the extra road construc- tion). The connection between those paying the taxes and the use of the tax money is clearly de- fined. Whether the tax should be on receipts or income depends primarily on the existing State or local tax structure. Most States currently tax net income rather than gross receipts. THE SUPERFUND CORPORATE INCOME TAX One of the few examples of a broad-based corporate income tax specifically dedicated to en- vironmental programs is the Environmental Tax passed by Congress in the Superfund Amendments of 1986. The tax is one of several sources of funding for the Hazardous Substances Response Trust Fund (the Federal Superfund), which sup- ports cleanup of hazardous substance releases na- tionwide. (It does not cover petroleum products.) The Superfund Environmental Tax is levied at a rate of 0.12 percent of corporate income. Corporate income is based on the Alternative Minimum Taxable Income, as defined by the 1986 Tax Reform Act. There is a deduction of $2 mil- lion, thus excluding smaller businesses from the taxable population. There are no other exemp- tions, and all businesses are subject to the tax. As a result, the tax base is very broad, and a number of benefits therefore accrue. These benefits in- clude the following: • The tax can generate considerable revenue at a low tax rate. • The tax can provide a continuous and predictable level of funding, because it is based on aggregate economic activity and not on specific industries. • The economic impacts are minimal, because the tax burden is spread as wide as possible. The tax is relatively simple to administer, because it is based on information already collected by the Internal Revenue Service. Other Mechanisms in Use Two States are currently using other funding mechanisms that you might wish to consider. These mechanisms include a tax on fire insurance premiums and a hazardous waste disposal fee. Little detailed information is available on how these mechanisms perform when measured against the factors in Chapter III. However, some data appear in Appendix E: Other Funding Mecha- nisms by State. ------- CHAPTER V PAGE 29 FUNDING MECHANISMS FOR LOCAL PROGRAMS The following mechanisms appear to be best suited to funding local UST programs. The infor- mation in this chapter is presented in the same format as Chapter IV. Water Utility Assessments Water utility assessments are fees based on water consumption. The rate may be a percentage of the sale price or a per-unit charge. They can be assessed on business, commercial, or residential consumers. Selected groups may be exempted from the assessment or given a tax credit to offset a portion of their payment. Funds raised may be collected from the water utility and transferred to the appropriate fund. Water utility assessments can generate considerable revenue with a low tax rate because of their large tax base. An example of this mechanism, the Santa Clara Valley Water District Groundwater Charge, is discussed in the inset box below. Water utility assessments for UST program activities are a relatively new funding approach. Traditionally, localities have placed assessments on water to fund public services and the structure to support those services (such as providing water and maintaining sewers). As States and localities review their groundwater protection efforts, how- ever, water utility assessments may be used more often. Water utility assessments are directed at the beneficiaries of an UST program--water consum- ers. As noted above, the tax base for water utility assessments is potentially very large, and consid- erable funds can be raised with a low tax rate. Further, revenues from water assessments are fairly stable, as water consumption tends to re- main constant despite overall economic fluctua- tions. Rare circumstances, such as extreme drought, can affect revenues. The greatest burden of water utility assess- ments is felt by business or commercial firms who consume large quantities of water. It should be noted that inequities among taxpayers can occur if not all sources of water (for example, private wells) are taxed. Using different tax rates for different sources may be the answer: users of public water could have rates based on amount consumed, and owners of private wells could have rates based on an estimated monthly or annual withdrawal. THE SANTA CLARA VALLEY WATER DISTRICT GROUND WATER CHARGE The Santa Clara Valley Water District (SCVWD), a government entity in California, funds part of its UST activities through a Pump Tax on water usage that was established in 1963. All water producing facilities, that is, any facility extracting water from the ground for any purpose, must register with the SCVWD. Failure to regis- ter is punishable by a fine. All water extracted by a registered facility in the District is taxed at a set rate per acre foot. The District is divided into two zones, each with different tax rates. In the North zone, the rate is $100 per acre foot for water used for nonagricultural purposes and $25 per acre foot for water used for agricultural purposes. In the South zone (which until recently was untaxed), the rate is $22 for nonagricultural uses and $5.50 for agricultural uses. The tax is assessed and col- lected semi-annually. How It Was Implemented The SCVWD has five methods for measuring the amount of water extracted at each facility. For nonagricultural facilities extracting more than 10 ------- PAGE 30 acre feet of water in a payment period and agricul- tural facilities extracting more than 40 acre feet, the SCVWD installs a water meter. The cost of the meter ($250 to $300) and installation are paid for by SCVWD. The SCVWD uses four other less accurate measuring methods for facilities that extract less water than the above amounts. The water meter and three of the alternative methods require on-site readings by the SCVWD. Read- ings of the water meters at larger facilities are taken monthly, and readings at other facilities are taken semi-annually, prior to the assessment What Was Learned Total revenue produced by the ground-water charge was $20 million in 1987, and SCVWD's total budget is $201 million. Revenues fluctuate with the amount of rain in a given fiscal year. Thus, revenue projections are as accurate as the estimates for the year's rainfall. Comments and Recommendations Program officials cite several difficulties in assessing and collecting the groundwater charge. First, identifying the facilities can be time con- suming. When the SCVWD recently began taxing a new area, it identified over 4000 facilities. Temporary personnel were hired to canvass the entire area and register all facilities. Second, taking on-site readings is labor intensive. Four of the five measuring systems require them. Third, developing an accurate computerized tracking system is crucial to the success of the revenue collection effort. Special Property Assessments Special property assessments are levied against property in a geographic area that is likely to benefit from a project or program. Although the procedures and restrictions on the use of these assessments vary greatly among States and among localities, they are usually restricted to funding local improvements. Special property assessments often differ from traditional property taxes in that the rate is based on the likely benefit the property owner will receive from the program or project as opposed to the value of the property. These as- sessments could be used to fund an UST program by assessing those property owners likely to bene- fit from program activities. To date, special property assessments have not been used to fund UST activities. They are most commonly used to fund infrastructure proj- ects (such as street paving, sewers, sidewalks) or services (such as water, gas, electricity). Property assessments are easier to use when the benefits fall to a well-defined group of property owners, such as the projects and services just mentioned. They may be more difficult to use in an UST program, particularly in densely populated areas, where it is difficult to determine exactly which property owners will benefit. Property assess- ments may be more applicable in less populated areas (such as unincorporated areas) where the beneficiaries are more easily identified. Property assessments are limited by the amount and value of property subject to the as- sessment. If the assessment is a flat rate (for ex- ample, a set dollar amount per acre), then revenue potential is limited by acre. If the assessment is based on property value (that is, mills per dollar of assessed value), then revenue is subject to changes in property value. This may be particularly true of properties with underground storage tanks, as their value may decline as a result of a leak and contamination of soil or groundwater. Revenues are also affected by the size of the tax base (that is, whether taxable property is limited to that of the tank owners and operators or whether it ex- tends to adjacent or nearby properties). The economic impact of special property taxes depends on the assessment rate and the ex- isting property tax burden. If the tax is directed at tank owners and operators, those with large lots or high property value and few tanks may decide to close their tanks. If the tax is directed at adjacent property, it may prove a disincentive to purchase property adjacent to properties containing under- ground storage tanks. ------- PAGE 31 Property taxes are the domain of local gov- ernments. In many jurisdictions, property taxes are used exclusively to fund education and other public services. Some States or localities may be reluctant to expand their use to other purposes, preferring to reserve the revenues for education or other direct services. In addition, some States have capped property assessments in response to taxpayer initiatives. Other Funding Mechanisms For Local Programs Some of the mechanisms described in the chapter on State programs can also be used by local jurisdictions. These include: • General revenues. • Registration and permit fees. • Petroleum product fees. • Bonds. • Direct assessment for costs incurred in site activities by local agencies. These mechanisms are already being used in some localities. The general considerations described in Chapter III apply when choosing a funding mechanism for a local jurisdiction. ------- CHAPTER VI PAGE 33 WHAT SOME OTHER STATES HAVE TRIED: A SUMMARY OF EPA'S 1987 SURVEY In October 1987, EPA's Regional UST staffs gathered information on the funding mechanisms used for UST programs in all 50 States. Each State identified the kinds of funding mechanisms it was using and when the mechanism was estab- lished, who was being assessed and how often, and what fee schedules were being used. No data were requested on the total revenues gathered from or the adequacy of current funding mecha- nisms, but the States did indicate any limits on individual assessments, caps on total revenues from a mechanism, sunset provisions on the mechanism, and whether new or expanded fund- ing mechanisms were being considered. The results of the survey were distributed in December 1987 in EPA's Interim Report on State Funding for Underground Storage Tank Programs. Since the release of the Interim Report, these data have been updated to include additional data obtained from States. They are presented in Appendices B through E. Although we include the data to illustrate some of the funding options available to you, please be aware that the data are preliminary in nature. States are continually developing and expanding programs; real program costs are just becoming known; and levels of funding are, in some cases, proving inadequate. Activity in the form of proposed legislation to increase fees and add new funding mechanisms is occurring in some States. Some States are just starting to become active in the area of UST programs. Therefore, we present the data in Appendices B through E with the caveat that they provide merely a snap- shot of what is happening now; they do not reflect what may exist once there are more fully opera- tional programs. Rather, they represent programs in many different stages. We do not want to mis- lead the reader or misrepresent the data. It should also be noted that this handbook does not provide specific information on what is required to run a successful UST program. Our purpose here is to pass along some ideas, solu- tions, hints, and suggestions that have been effec- tive for some State and local governments in es- tablishing funding for their programs. EPA is cur- rently collecting data on several State programs that will be published in mid-1988. The Report will document the level of activity and the re- sources needed to support UST programs in those States; it should be very useful to States looking at ways to design, expand, or reorganize their pro- grams. Also in mid-1988, EPA will release its State Financial Assurance Program Handbook, which will contain, as the title suggests, informa- tion on establishing financial assurance programs. This handbook will be updated as new data from the States are forwarded to EPA. Both the report and the handbook will be available through EPA Regional Offices and the EPA Hotline. How Are States Currently Funding Their UST Programs? Table VI-1 provides a summary of each State's funding sources and supported activities. For further detail on each of the mechanisms in- cluded in Table VI-1 (with the exception of gen- eral revenues), see Appendices B through E. One State currently provides no funding for an UST program. Of the 49 States that do provide funding, 22 States use one or more dedicated mechanisms to fund all or part of their programs; 38 use general revenues, either alone or in con- junction with dedicated mechanisms. ------- PAGE 34 Roughly two-thirds of the States (32) rely on a single source of funding for their UST programs. Only five of the 32 rely solely on a dedicated mechanism, the rest use general revenues. Of the 17 States that use more than one mechanism, six rely on dedicated mechanisms alone. Most States (37) fund both prevention and cleanup programs at some level; 16 use more than one mechanism to do so. Three States fund only cleanup programs, and three fund only prevention programs. Of these six States, only one uses more than one mechanism to fund its program. Six States did not specify how their funds are spent and appear to provide funding only for their match with the Federal UST grant. As noted earlier in this handbook, registration and permit fees are the most widely used mecha- nisms at this time, with 17 States using them. Most States currently use these fees to pay for prevention activities. Nine States are using petro- leum product assessments; most to pay for cleanup activities. Only two States currently use bonds, and both dedicate the funds to pay for cleanups. One State uses a tax on fire insurance premiums to pay for prevention activities, and one uses a surcharge on hazardous waste disposal to pay for cleanup activities. What Changes in Funding Sources Are States Considering? Several States have passed and implemented new funding mechanisms since our survey in October 1987. Several others have either pro- posed or are considering additional or expanded funding mechanisms. Many of these States cur- rently rely on general revenues for all of their UST funding. This pattern suggests that relying entirely on general revenues has proven inade- quate in nearly half of the States that do so. Reg- istration and permit fees are the funding mecha- nism being considered or proposed most com- monly, and some sort of a tax on petroleum prod- ucts and bonds are being considered in other States. What Can You Conclude From What Other States Are Doing? The following generalities may be drawn from the survey results. • There is no one right way to fund an UST program, although certain funding mechanisms are currently more widely used than others. • Roughly two-thirds of the States rely on a single source of funding. Most of these States rely on general revenues rather than dedicated funding mechanisms for all of their UST funding. • Current sources may be proving inade- quate. Most State UST programs are relatively young, and they will need addi- tional funding in the future. • Most States are funding some prevention and cleanup activities. • New or expanded dedicated funding mechanisms are being considered or pro- posed in several States. Most of these States currently rely entirely on general revenues. ------- TABLE VI-1 SUMMARY OF STATE FINANCING MECHANISMS AND ACTIVITIES STATE Alabama* Alaska Arizona Arkansas* California Colorado Connecticut Delaware Florida Georgia* Hawaii Idaho FINANCING MECHANISM General Revenues X X X X X X X X X X Registration/ Permit Fees Local permit fees/ state surcharge UST Response Fund Tank fee Petroleum Product Assessments Petroleum Product Tax Bonds Hazardous Substance Cleanup Bond Fund Other HOW USED Prevention Program X X X Cleanup Program X X X Prevention & Cleanup Programs X X X X X X X How Used not indicated "8 O cn ------- o ra SUMMARY OF STATE FINANCING MECHANISMS AND ACTIVITIES (continued) STATE Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan FINANCING MECHANISM General Revenues X X X X X X X Registration/ Permit Fees Tester Registration Fee Site Activity Fee UST Fund (tank fee) Tank fee Tank fee Tank fee Tank fee Petroleum Product Assessments Petroleum Product Transfer fee Licensing fee on processed fuel Bonds State Superfund Other HOW USED Prevention Program X X X X X Cleanup Program X X X Prevention & Cleanup Programs X X X X X X X X X ------- SUMMARY OF STATE FINANCING MECHANISMS AND ACTIVITIES (continued) STATE Minnesota Mississippi* Missouri* Montana Nebraska Nevada New Hampshire New Jersey New Mexico FINANCING MECHANISM General Revenues X X X X X X X X Registration/ Permit Fees Tank fee Registration/Annual Certification Fee Tank fee Petroleum Product Assessments Petrofund Oil Transfer Fund NJ Spill Fund Tax on gasoline, special fuels Bonds Other HOW USED Prevention Program X X X X Cleanup Program X X X Prevention & Cleanup Programs X X X X X X * How Used not indicated I ca ------- o w SUMMARY OF STATE FINANCING MECHANISMS AND ACTIVITIES (continued) STATE New York North Carolina North Dakota Ohio Oklahoma* Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee* Texas FINANCING MECHANISM General Revenues X X X X X X X X Registration/ Permit Fees Tank fee (hazardous substances); Facility fee (petroleum) Tank Permit Fund Tank fee Tank fee Petroleum Product Assessments Throughput fee Bonds Other Fire Marshall Operating Fund (tax on fire in- surance premiums) State Superfund (surcharge on haz- ardous waste disposal) HOW USED Prevention Program X X X Cleanup Program X Prevention & Cleanup Programs X X X X X X X X X * How Used not indicated ------- SUMMARY OF STATE FINANCING MECHANISMS AND ACTIVITIES (continued) STATE Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming FINANCING MECHANISM General Revenues X X X X X Registration/ Permit Fees Tank fee Tank permit fee Petroleum Product Assessments Fee on petroleum products Bonds Other HOW USED Prevention Program X X X Cleanup Program X X Prevention & Cleanup Programs X X X •fl o ------- CHAPTER VII PAGE 41 WHERE DO YOU GO FROM HERE? The prevention and cleanup of leaks from underground storage tanks is a national issue. Congress has provided start-up funding for pre- vention work and trust funds to support enforce- ment and corrective action where a release has occurred. However, underground tanks are a local problem first, and State and local program offi- cials will need to develop and provide adequate funding to support their programs. In this report, we have presented you with a range of alternative mechanisms for funding your program. We've described which mechanisms are currently being used and which are being considered by all 50 States. No single mechanism or combination of mechanisms will be right for all States, but we hope that you are now in a better position to make the choice that's right for your circumstances. If you need more information to help with this decision, you can contact the State implementing agencies listed in appendix F for answers to spe- cific or detailed questions, and the Office of Underground Storage Tanks (202-475-9722) for concerns of a more general nature. ------- COMPARISON OF FINANCING MECHANISMS BY MAJOR CHOICE FACTORS FINANCING MECHANISM General Revenues Registration and Permit Fees Petroleum Product Assessments Corporate Receipts or Income Taxes Water/Utility Assessments Special Property Assessments Bonds REVENUE POTENTIAL May vary; dependent on governmental priorities Limited by number of tanks, personnel, activities, etc. for which fee must be paid Potentially high; dependent on petroleum usage in the jurisdiction Potentially high; dependent on size of tax base Potentially high; dependent on water usage Limited by amount or value of property base Potentially high; dependent on size of bond issue CONTINUITY OF FUNDING May vary, dependent on governmental priorities May fluctuate early due to changes in the regulated population May fluctuate due to trends in economic activity May fluctuate due to trends in economic activity or modi- fications in tax base Probably stable, but may fluctuate with changes in economic activity or in droughts Depends on how it is used; i.e. temporary or permanent funding Generated all at once or over very short period LEGISLATIVE ACCEPTABILITY Dependent on state prior- ities; actual funding may de- pend on current priorities Potentially high; already used in many states and localities Dependent on current tax levels, limitations concern- ing use, acceptability to industry, etc Dependent on willingness of legislature to earmark such funds for a specific program Dependent on willingness to use for other than tradi- tional purposes Unknown-no known use of this mechanism for UST at this time May be authorized by legislature; usually subject to voter approval ECONOMIC IMPACTS/ EQUITY ISSUES Dependent on the effect on overall tax rate Dependent on rate of fee, number of tanks, facilities, etc., taxed and health of taxed entity Dependent on rate of tax and fiscal condition of taxed entity; can be easily passed on to consumers Dependent on rate of tax and fiscal condition of taxed entity, can be easily passed on to consumers Dependent on rate of tax and fiscal condition of taxed entity Dependent on rate of tax, amount or value of property and condition of taxed entity Dependent on type of bond and source of repayment RELATIONSHIP OF TAXED ENTITY TO PROGRAM ACTIVITIES Taxes program beneficiaries, distributes burden according to jurisdiction's tax structure Taxes source of problem, i.e. tank and facility owners and operators, or is directly attributable to program activities Taxes source of problem, i.e. producers and consumers of product Taxed entity may be source of problem or program bene- ficiary, depending on wheth- er only hazardous material producers or all corpora- tions are taxed Taxes program beneficiary, i.e. water consumers Dependent on who is assessed; difficult to define a population who should pay and who will benefit Dependent on mechanism to retire the debt g H > ------- APPENDIX B APPENDIX B-l REGISTRATION AND PERMIT FEES BY STATE What is the funding mechanism used? When was the fee established' Who pays? What is the fee structure and how often is it collected'' Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed' Is there a cap on total rev- enues? (If so, what') Is there a sun- set provision' (If so, when') Are any changes planned or anticipated? Used for pre- vention and/ or cleanup program? California Tank fee 1984 Tank owners 1 . Annual permit fee that varies among local agencies 2 Per tank state sur- charge set annually by legislature and col- lected once in five years (current surcharge fee is $56) NO 1 Annual permit fee may be waived for state, local, and farm tank owners (1100-1500 gal capacity) NO Yes; local agencies with own ordinance cur- rently collecting state surcharge stop collect- ing it on 1/1/90 NO Prevention program Delaware Tank fee 1/1/88 Tank owners and operators $50/tank annually; $30/tank for late pay- ment of annual fee NO State and county munici- pal tanks are exempt; restricted to petroleum tanks only NO NO Amendment to HB331 anticipated to create LIST Response Fund Prevention and Cleanup programs Rorida Tank fee 1987 Owners of above and below ground tanks 1 . $50/tank initial registration fee 2. $25/tank annual renewal fee NO Petroleum tanks < 550 gal are exempt NO NO May be amended to in- clude chemical tanks Prevention program Illinois Tank fee 1988 1 Registration fee for owners and operators registered after 1/1/88. 2. Annual tank fee for owners and operators 1 . $500/tank one-time registration fee 2. $100/tank annual fee between 1/1/88 and 12/31/91 NO NO Yes; 1991 Cleanup program ------- APPENDIX B-2 REGISTRATION AND PERMIT FEES BY STATE (continued) What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected' Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed'' Is there a cap on total rev- enues? (If so, what') Is there a sun- set provision? (If so, when') Are any changes planned or anticipated? Used for pre- vention and/ or cleanup program? Illinois Site activity fee 1988 Installers, repairers and removers of USTs $100/site activity M-F; $200/site activity Sat , Sun. or holiday NO NO YES; 1991 NO Prevention program Illinois Tester registration fee 1988 Tank tightness testers $100/tester annually NO NO YES; 1991 NO Prevention program Iowa Tank fee 1986; revised in 1987 Tank owners 1 $10/tank one-time registration fee 2. $15/tank annual permit fee NO Tanks < 1 1 00 gal. are exempt NO NO NO Prevention and Cleanup programs Kansas Tank fee 1984 Tank owners $3/tank annually NO Farm tanks; only col- lected on petroleum product tanks NO MO YES Prevention program ------- APPENDIX B-3 REGISTRATION AND PERMIT FEES BY STATE (continued) What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected' Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed? Is there a cap on total rev- enues' (If so, what?) Is there a sun- set provision? (If so, when?) Are any changes planned or anticipated' Used for pre- vention and/ or cleanup program' Louisiana Tank fee 1985 Tank owners 1 . $25/tank one-time registration fee for chemical tanks $15/tank one-time registration fee for petroleum tanks 2. $15/tank annually for > 10000 gal. $10/tank annually for 2000-9999 gal $5/tank annually for i. 1000-1 999 gal. 1.$1000/ceiling on reg- istration fees for petroleum 2. No ceiling on annual fees Same as in EPA proposed regulations NO NO Looking into changing to tax on gasoline Prevention and Cleanup programs Maine Tank fee 1985 Distributors and mar- keters 1.$50/tank one-time registration fee 2. $25/tank annually for < 6000 gal. $50/tank annually for 2 6000 gal — Prevention program Nebraska Tank fee 1986 Tank owners 1 . $5/tank one-time registration fee 2. $7 50/tank annually for < 2500 gal. $10/tank annually for > 2500 gal. and < 5000 gal. $12. 50/tank annually for > 5000 and < 7500 gal. $15/tank annually for > 7500 gal. NO NO NO NO Program will be reviewed. A "Superfund" bill for cor- rective action will be rein- troducedin 1988. Prevention and Cleanup programs New Jersey Facility fee 1986 Facility owners $100/facility annually for facilities with 1 -5 tanks; $15/tank addi- tional for each tank over 5 at a facility NO NO NO NO NO Prevention program ------- APPENDIX B-4 REGISTRATION AND PERMIT FEES BY STATE (continued) What is the funding mechanism used' When was the fee established7 Who pays' What is the fee structure and how often is it collected' Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed' Is there a cap on total rev- enues' (If so, what?) Is there a sun- set provision? (If so, when') Are any changes planned or anticipated' Used for pre- vention and/ or cleanup program? New Mexico "ank fee 6/1/88 Tank owners $28/tank annually in 1988, Subsequent fees to be established by NM Envi- ronmental Improvement Board NO Same as in EPA proposed regulations except heat- ing oil tanks NO NO NO Prevention program New York Tank fee (Hazardous Substances) 1986 Tank owners $50/tank every 2 yrs. for < 550 gal $100/tank every 2 yrs. for i 550 and< 11 00 gal $125/tank every 2 yrs for 2. 11 00 gal. $50,000/site* Process, farm and movable tanks are exempt NO NO NO Prevention program New York Facility fee (Petroleum) 1983 Facility owners $50/facility every 5 yrs for >1 100 and < 5000 gal. $150/facility every 5 yrs. for ;> 5000 and < 10000 gal $250/facility every 5 yrs. for > 1 0000 gal. NO Facilities < 11 00 gal. are exempt NO NO NO Prevention program Ohio Tank fee 1 988 Tank owners S20/tank every 3 yrs. plus fines, penalties NO State and local govern- ment tanks are exempt NO NO Prevention and Cleanup programs * Maximum assessment for facility with multiple tanks. ------- APPENDIX B-5 REGISTRATION AND PERMIT FEES BY STATE (continued) What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected? Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed? Is there a cap on total rev- enues? (If so, what?) Is there a sun- set provision? (If so, when') Are any changes planned or anticipated? Used for pre- vention and/ or cleanup program? Oregon Tank fee 2/88 Tank owners or operators 1 . $25/tank one-time permit application fee 2. $25/tank annual compliance fee ($20/ tank annually after 7/1/89) NO Tanks exempt by Subtitle I of RCRA are exempt NO NO NO Prevention program Texas Tank fee 1987 Tank owners $25/tank annually maximum NO Permanently out-of-ser- vice tanks are exempt NO NO NO Prevention and Cleanup programs Utah Tank fee 1987 Tank owners $25/tank annually* YES; $100/tank" NO NO Annual legislative approval required YES Prevention program Vermont Tank fee 1987 Tank owners or operators $25/tank annually — Prevention program Authority to $100/tank, with public hearings required to raise the rate The 1988 Legislature provided for a legislative task force to examine the entire state UST issue Accommodations on their findings will be made this year. A $60Aank assessment has been proposed ------- APPENDIX C APPENDIX C-l PETROLEUM PRODUCT ASSESSMENTS BY STATE What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected? Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed? Is there a cap on total rev- enues? (If so, what?) Is there a sun- set provision7 (If so, when?) Are any changes planned or anticipated? Used for pre- vention and/ or cleanup program? Florida Transfer tax on petro- leum imported into state 1987 - $.10/barrel monthly* — $50 million 1992 Cleanup program Maine Oil transfer fee 1985; revised 1987 Oil terminal facility licensees $.03/barrel monthly for gasoline $.02/barrel monthly for refined petroleum products and by-products — Gasoline and liquid asphalt are not included in by-product tax NO — Cleanup program Maryland Licensing fee on processed fuel 1973 Bulk oil handlers 3/4 cent/barrel monthly for oil** 3/4 cent/barrel; flat fee Only bulk oil products $750,000 NO YES Prevention and Cleanup programs Minnesota Petroleum tank release cleanup fee 1987 Petroleum product distributors $10/1000 gal. petroleum* NO NO## NO NO Prevention and Cleanup programs ## If the fund falls below $5 million, the rate is increased to $.20/barrel. When the fund increases to $15 million, the rate drops back to $.10/barrel. When the fund exceeds $50 million, no excise tax will be collected until the fund falls below $35 million. Collection would stop if the fund reaches $750,000. It would be reinstated if the fund falls below $500,000. The fee will be collected initially during October and November 1987, until $5 million is collected. Collections of the fee will be reinstated when the fund balance approaches $1 million The original collection will be $5-6 million, which probably represents the fund's maximum amount. ------- APPENDIX C-2 PETROLEUM PRODUCT ASSESSMENTS BY STATE (continued) What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected? Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed9 Is there a cap on total rev- enues' (If so, what') Is there a sun- set provision' (If so, when?) Are any changes planned or anticipated' Used for pre- vention and/ or cleanup program' New Hampshire Oil transfer fee 1979 D istrib utors/retai lers $ 025/barrel monthly NO NO $2 75 million NO May expand to include tank replacement costs in 1988 Cleanup program New Jersey New Jersey Spill Fund- transfer fee 1971 Tank owners $.01/barrel annually NO NO $50 million NO NO Cleanup program New Mexico Tax on gasoline and special fuels 1988 Distributors/retailers 2/10 cent/gallon col- lected at point of sale 2/10 cent/gallon NO $10 million NO NO Cleanup program New York Throughput fee 1977 Terminal operators with > 400,000 gal capacity $.035/barrel monthly ($ 01 for cleanup funds, $ 025 for solid waste facilities) NO NO $25 million NO MO Prevention and Cleanup programs ------- APPENDIX C-3 PETROLEUM PRODUCT ASSESSMENTS BY STATE (continued) What is the funding mechanism used? When was the fee established? Who pays'' What is the fee structure and how often is it collected? Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed' Is there a cap on total rev- enues? (If so, what') Is there a sun- set provision? (If so, when'} Are any changes planned or anticipated' Used for pre- vention and/ or cleanup program' Wisconsin Petroleum storage cleanup fund; fee on petroleum products 1987 Wholesalers/dealers (usually wholesalers) - To be determined NO YES, legislation under development Cleanup program ------- APPENDIX D APPENDIX D-l BONDS BY STATE What is the funding mechanism used? When was the fee established? Who pays? What is the fee structure and how often is it collected' Is there a maximum assessment7 Are there any exemptions or restrictions on that which is assessed' Is there a cap on total rev- enues? (If so, what?) Is there a sun- set provision? (If so, when?) Are any changes planned or anticipated? Used for pre- vention and/ or cleanup program? California Bond issue 1987 Hazardous waste generators — $15 million 1989 NO Cleanup program Massachusetts Bond issue 1983 Taxpayers - $25 million NO NO Cleanup program ------- APPENDIX E APPENDIX E-l OTHER FUNDING MECHANISMS BY STATE What is the funding mechanism used? When was the fee established' Who pays? What is the fee structure and how often is it collected? Is there a maximum assessment? Are there any exemptions or restrictions on that which is assessed' Is there a cap on total rev- enues' (If so, what?) Is there a sun- set provision' (If so, when?) Are any changes planned or anticipated' Used for pre- vention and/ or cleanup program? Ohio Tax on fire insurance premiums 1979 Anyone who buys fire insurance 3/4 of 1 % of fire insurance premiums semi- annually NO Funds can only be used to administer the Fire Marshall Division NO NO YES; a permit fund will be implemented 1/1/88 Prevention program Oregon Surcharge on hazardous waste disposal (for state Superfund) 1986 Disposers $20/ton collected at disposal NO NO NO NO NO Cleanup program ------- APPENDIX F APPENDIX F-l STATE IMPLEMENTING AGENCIES State Agency State Agency Alabama Department of Environmental Management Ground Water Section/Water Division 1751 Federal Drive Montgomery, AL 36130 (205) 271-7832 Alaska Department of Environmental Conservation Pouch O Juneau, AK99811 (907) 465-2653 Arizona UST Coordinator Department of Environmental Quality Environmental Health Services 2005 N. Central Phoenix, AZ 85004 (602)257-2318 Arkansas Department of Pollution Control and Ecology P.O. Box 9583 Little Rock, AR 72219 (501) 562-7444 California State Water Resources Control Board P.O. Box 100 Sacramento, CA 95801 (916) 322-0210 Colorado Department of Health Waste Management Division Underground Tank Program 4310 East llth Avenue Denver, CO 80220 (303)331-4864 Connecticut Hazardous Materials Management Unit Department of Environmental Protection State Office Building 165 Capitol Avenue Hartford, CT 06106 (203) 566-4630 Delaware Division of Air and Waste Management Department of Natural Resources and Environmental Control P.O. Box 1401 89 Kings Highway Dover, DE 19903 (302) 736-3693 Florida Georgia Hawaii Idaho Illinois Department of Environmental Regulation Solid Waste Section Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399 (904) 488-0300-2400 Mike Williams, Chief UST Section Ground-Water Protection Branch Water Management Division U.S. EPA, Region IV 345 Counland Street Atlanta, GA 30365 (404) 347-3866 Administrator, Hazardous Waste Program (UST) 645 Halekauwila Street Honolulu, HI 96813 (808) 548-2270 Department of Health P.O. Box 3378 Honolulu, HI 96801-9984 (808) 548-2270 Underground Storage Tank Coordinator Water Quality Bureau Department of Health and Welfare Division of Environment 450 W. State Street Boise, ID 83720 (208) 334-5847 Underground Storage Tank Coordinator (Coordinating Agency) Division of Fire Prevention Office of State Fire Marshall 3150 Executive Park Drive Springfield, IL 62703-4599 Illinois EPA (Lead Agency) Division of Land Pollution Control Environmental Protection Agency 2200 Churchhill Road, Room A-104 Springfield, IL 62706 (217) 782-6760 ------- APPENDIX F-2 State Agency State Agency Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachuchetts Underground Storage Tank Program Office of Environmental Response Department of Environmental Management 105 South Meridian Street Indianapolis, IN 46223 (317)243-5055 Department of Water, Air, and Waste Management 900 East Grand DesMoines, IA50319 (515)281-5968 Department of Health and Environment Forbes Field, Building 740 Topeka, KS 66620 (913)862-9369 Department for Environmental Protection Hazardous Waste Management Fort Boone Plaza, Building #2 18ReillyRoad Frankfort, KY 40601 (502) 564-6716 Department of Environmental Quality P.O. Box 44066 Baton Rouge, LA 70804 (504) 342-7808 or 9030 Underground Tanks Program Bureau of Oil and Hazardous Material Control Department of Environmental Protection Stale House - Station 17 Augusta, ME 04333 (207) 289-2651 Department of the Environment Hazardous and Solid Waste Management Administration 201 West Preston Street Baltimore, MD 21201 (301)225-6549 UST Registry, Department of Public Safety 1010 Commonwealth Avenue Boston, MA 02215 (617) 566-4500 Department of Environmental Quality Engineering (LUST) 1 Winter Street Boston, MA 02108 (617) 292-5648 Michigan Groundwater Quality Division (UST Notification) Department of Natural Resources Box 30157 Lansing, MI 48909 Michigan Department of Natural Resources Waste Mangement Division P.O. Box 30028 Lansing, MI 48909 (517) 373-2794 Minnesota Underground Storage Tank Program Division of Solid and Hazardous Wastes Minnesota Pollution Control Agency 520 West Lafayette Road St. Paul, MN 55155 (612)296-7743 Mississippi Department of Natural Resources Bureau of Pollution Control Underground Storage Tank Section P.O. Box 10385 Jackson, MS 3209 Missouri Department of Natuial Resources P.O. Box 176 Jefferson City, MO 65102 (314)751-7428 Montana Solid and Hazardous Waste Bureau Department of Health and Environmental Science Cogswell Building - Room B-201 Helena, MT 59620 Nebraska Nebraska State Fire Marshall (UST) P.O. Box 94677 Lincoln, NE 68509-4677 (402)471-9465 Department of Environmental Control Box 94877 State House Station Lincoln, NE 68509 (402)471-4230 Nevada UST Coordinator Division of Environmental Protection Department of Conservation and Natural Resources Capitol Complex, 201 S. Fall Street Carson City, NV 89710 (702) 885-4670 ------- APPENDIX F-3 State Agency State Agency New Hampshire Department of Environmental Services Water Supply and Pollution Control Division Hazen Drive P.O. Box 95 Concord, NH 03301 (603) 271-3503 New Jersey Underground Storage Tank Coordinator Department of Environmental Protection Division of Water Resources (CN-029) Trenton, NJ 08625 (609)984-3156 New Mexico Health and Environment Department Environmental Improvement Division P.O. Box 968 Sanu Fe, NM 87504 (505) 827-2894 New York Bulk Storage Section Division of Water Department of Environmental Conservation 50 Wolf Road, Room 326 Albany, NY 12233-0001 (518) 457-4351 North Carolina Division of Environmental Management Ground-Water Operation Branch Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, NC 27611 (919)733-6926 North Dakota Division of Hazardous Management and Special Studies Department of Health Box 5520 Bismarck, ND 58502-5520 (701) 224-2366 Ohio State Fire Marshall's Office Department of Commerce 8895 E. Main Street Reynoldsburg, OH 43068 (614) 864-5510 Oklahoma Underground Storage Tank Program (UST) Oklahoma Corporation Commission Jim Thorpe Building Oklahoma City, OK 73105 (405)521-3107 Oklahoma Department of Pollution Control (LUST) P.O. Box 53504 Oklahoma City, OK 73152 (405)271-4468 Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Department of Environmental Quality 811SW Sixth Avenue Portland, OR 97204 (503) 229-5153 or 5733 Department of Environmental Resources Bureau of Water Quality Management Non-Point Source and Storage Tank Section 9th Floor Fulton Building P.O. Box 2063 Harrisburg, PA 17120 (717)787-8184 UST Registration Department of Environmental Management 83 Park Street Providence, RI 02903 (401) 277-2234 Ground-Water Protection Division Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 (803) 734-3296 Office of Water Quality Department of Water and Natural Resources Joe Foss Building Pierre, SD 57501 (605)773-5335 Division of Ground-Water Protection (UST) Department of Health and Environment 150 9th Avenue, North Nashville, TN 3719-5404 (615)741-0690 Texas Water Commission P.O. Box 13087 Austin, TX 78711 (512) 463-7786 Division of Environmental Health (UST) P.O. Box 45500 Salt Lake City, UT 84145-0500 (801)533-6121 Bureau of Solid and Hazardous Waste (UST) Division of Environmental Health 288 N. 1460 West P.O. Box 16690 Salt Lake City, UT 84116-0690 (801)538-6170 ------- APPENDIX F-4 State Agency Vermont Underground Storage Tank Program (UST) Vermont AEC/Waste Management Division State Office Building Montpelier. VT 05602 (802) 828-3395 Department of Environmental Conservation (LUST) 103 South main Street Waterbury, VT 05676 (802) 244-8702 Virginia Virginia Water Control Board P.O. Box 11143 Richmond, VA 23230-1143 (804) 257-6685 Washington Department of Ecology, M/S PV-11 Solid and Hazardous Waste Program Olympia, WA 98504 (206) 459-6272 West Virgina UST Notification Solid and Hazardous Waste Ground Water Branch Department of Natural Resources 1201 Greenbriar Street Charleston, WV 25311 (304) 348-5935 Wisconsin Bureau of Petroleum Inspection P.O. Box 7969 Madison, WI 53707 (608) 266-7605 Wyoming Water Quality Division Department of Environmental Quality Herschler Building, 4th Floor West 122 West 25th Street Cheyenne, WY 82002 (307) 777-7085 ------- |