Underground
Storage
Tanks:
i
uilding
n The Past
TOP
The Futur
-7004
ANNIVERSARY.
A510-R-04-001
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Underground Storage Tanks: Building On The Past To Protect The Future
Word From The Assistant Administrator
Twenty years ago hundreds of thousands of underground stor-
age tanks leaking petroleum were contaminating community
drinking water supplies. Since then, EPA's underground storage
tank program has contributed to a remarkable national success story by
protecting our nation's soil and groundwater from leaking tanks.
Partnerships have been the cornerstone of the program's success. Our
intergovernmental and private partnerships involving states and tribes
have resulted in closing over 1.5 million substandard tanks, cleaning up
over 300,000 releases of environmental contaminants, and reducing the
number of new releases.
In fact, over 18,500 cleanups were completed in Fiscal Year 2003; this
represents a 17 percent increase in the number of cleanups completed over the previous year. There
also has been an improvement in preventing releases and detecting leaks. Approximately 12,000 new
releases were reported in Fiscal Year 2003 - about 60 percent lower than the annual historical aver-
age of approximately 27,000.
But we cannot rest on this record. There is still more we can do by working with facility owners and
operators in preventing releases and detecting them more quickly when they occur. With renewed
commitment and strong partnerships, we will continue to identify solutions to both old and new chal-
lenges related to underground storage tanks.
Marianne Lament Horinko
Assistant Administrator
Office of Solid Waste and Emergency Response
Word From The Assistant Administrator
MI
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Underground Storage Tanks: Building On The Past To Protect The Future
Contents
Executive Summary 1
Milestones In The Underground Tank Program 2
Underground Storage Tanks - A Program Of Partnership, Innovation, And Results 5
Creating A Program To Implement The New Law 5
EPA's Regulatory Program 7
Strong Emphasis On Approving State Programs 10
Fulfilling EPA's Responsibilties In Indian Country 11
Compliance Assistance And Outreach Make A Difference 12
A Measure Of Our Success 15
Commitment To Finding Innovative Solutions 17
Pay For Performance 17
Risk-Based Corrective Action 18
State Trust Funds 19
Continuing Challenges 21
Improving Operational Compliance 22
Completing Cleanups 23
Minimizing Leaks From New And Upgraded Tank Systems 23
Cleaning Up And Reusing Petroleum Brownfields 24
Meeting New Challenges 26
iv Contents
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Underground Storage Tanks: Building On The Past To Protect The Future
Executive Summary
Tiis year, the national underground storage tank program celebrates its 20th anniversary. The purpose
)f this report is to celebrate 20 years of strong partnerships, highlight some of our extraordinary
iccomplishments, and offer a short program history, so that as we look to the future we can contin-
ue in the strong tradition of our past.
In 1983, the CBS program 60 Minutes aired a story called "Check the Water." The report brought national
attention to families suffering from the effects of gasoline leaking from underground storage tanks. Less than
a year later, Congress passed and the President signed a new law designed to protect the public from these
and other petroleum releases.
With this new law in place, the U. S. Environmental Protection Agency (EPA) faced the daunting task of regulat-
ing the nation's two million underground tanks storing petroleum and certain hazardous substances. The Agency
responded quickly and creatively. Because of the number of tanks, the diversity of ownership, and the need for
strong state involvement, EPA designed a program that was unlike any other regulatory program at the time. In
less than four years, EPA built a new federal program one noteworthy for its protective but flexible perform-
ance-based regulations; its aggressive approval of qualified state programs; its vigorous outreach and education;
and its strong partnerships with states, tribes, industry, and many other partners still involved to this day.
Through these partnerships, we have found new ways to tackle
old problems. And because of this innovative spirit, we have suc-
cessfully met many of the expectations Congress and the
President had in 1984 when the program was created. Together,
EPA, states, tribes, and industry have closed 1.5 million old,
unsafe tanks and have upgraded or replaced nearly all other
underground storage tanks. Of the 400,000 plus known leaks,
nearly 70 percent have been cleaned up; the number of new leaks
being discovered each year has dropped dramatically, from a high
of over 66,000 in 1990 to roughly 12,000 last year.
As we celebrate the 20th anniversary and enter the third decade
of our program, new challenges lie ahead. These challenges
include cleaning up and encouraging reuse at 200,000 or more
abandoned gas stations and petroleum brownfield sites littering
our cities and countryside; cleaning up more than 100,000
remaining known releases at active sites; and improving opera-
tional compliance at every site to prevent new releases. Today's
and tomorrow's challenges may be as tough, if not tougher, than
what we faced before. As we face them, we will need to rely, even
more, on our creativity and our enduring partnerships.
Executive Summary
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Underground Storage Tanks: Building On The Past To Protect The Future
Milestones In The Underground Tank Program
President
signs law
creating
the
national
under-
ground
storage
tank
program
EPA forms
the Office
of Under-
ground
Storage
Tanks
I
84 1985 19
President
signs law
establishing
the Leaking
Under-
ground
Storage
Tank Trust
Fund
EPA
publishes
final under-
ground
storage
tank
regulations
EPA and
states hold
first national
tank confer-
ence in
Santa Fe,
New Mexico
EPA
approves
first state
under-
ground
storage
tank
program,
Mississippi
EPA and
states hold
first state
fund con-
ference in
Rapid City,
South
Dakota
Final
deadline
for owners
;o
8 1989 1
Apple
Computer
unveils its
Macintosh
personal
computer
I
Nintendo
video games
introduced
in the US
Berlin wall
dismantled
100,000
releases
confirmed
50,000
cleanups
completed touse
leak
detection
99 1
TV show
Seinfeld
debuts on
NBC
Worldwide
Web becomes
publicly
accessible
What Else Was Happening
Milestones In The Underground Tank Program
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Underground Storage Tanks: Building On The Past To Protect The Future
200,000
cleanups
initiated
100,000
cleanups
completed
EPA
launches
under-
ground
storage
tank
web site
www.epa.
gov/oust
EPA establishes
first partnership
to promote risk-
based cleanups
Final deadline
for owners to
close, upgrade,
or replace their
tanks
300,000
cleanups
initiated
*
200,000
cleanups
completed
1994 19!
EPA
launches
initiatives
to:
accelerate
cleanups
improve
compliance
recycle gas
stations
evaluate
tank
systems
EPA sets
national
cleanup
goals
President
signs
Brownfields
Law to
address
petroleum
brownfields
300,000 cleanups
completed
400,000 cleanups
initiated
Santa Monica,
California and
petroleum compa-
nies reach land-
mark agreement to
clean and restore
the city's MTBE-
contaminated
drinking water
supply
1999
U.S. space
shuttle
docks with
Russian
space station
Mir for the
first time
At 77, John
Glenn, the
first American
to orbit Earth,
returns to
orbit in the
space shuttle
Discovery
America Online
agrees to buy
Time Warner-
the biggest
merger in the
country at that
time
Concorde's
last flight
ends the
world's only
commercial
supersonic
travel
Milestones In The Underground Tank Program
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Underground Storage Tanks: Building On The Past To Protect The Future
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Underground Storage Tanks: Building On The Past To Protect The Future
Underground Storage Tanks - A Program
Uf Partnership, Innovation, And Results
P I ^ie Hatfields, an average American family, lived in Canob
Park, Rhode Island about 12 miles from Providence. In
-JL. 1980, this family had a big problem they could not use
their tap water. They couldn't drink it, bathe in it, or cook with it.
Their well was contaminated with gasoline that migrated from the
neighborhood gas station, just a quarter of a mile from their house.
In December 1983, their story aired on the CBS show, 60 Minutes.
Buried gasoline tanks gained the national spotlight when 60
Minutes released its investigative report, "Check the Water".
That report revealed other neighbors in Canob Park were in
the same situation gasoline leaking from underground stor-
age tanks was contaminating their drinking water.
That report and similar stories
prompted Congress to swiftly enact ^.^ ^ f. ^ balance between technology,
legislation to create federal standards
to regulate these tanks, in November industry, federal, state, private and public
1984, a year after the 60 Minutes forces, yOU can gef a lot dOH6. The UST
report aired, President Reagan signed
into law subtitle i of the Resource program is an example where we found
Conservation and Recovery Act the right balance. I'm very proud that I had
(RCRA). The new subtitle required , . ..
. . (A> HJlV ill' II.
the U. S. Environmental Protection
Agency (EPA) to develop a com- Scoatof David Durenberger, Minnesota
prehensive regulatory program for introduced UST legislation in the U. S. Senate
underground storage tanks (USTs)
storing petroleum and certain hazardous substances. In 1986,
Congress and the President went one step further and created
the Leaking Underground Storage Tank (LUST) Trust Fund
to pay for the cleanup of releases from these tanks.
Creating A Program To Implement The
New Law
EPA quickly set out to develop a national underground stor-
age tank program to implement the new law. From the begin-
ning, EPA realized the immensity of the task. No one knew
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
"The UST regulated community is a very
diverse group. They range from small, one-
station operations to big oil companies.
Large companies have many resources and
understand that environmental compliance
is one of the costs of doing business. EPA
understood that smaller operations needed
more environmental compliance assistance
and technical support"
the exact number of under-
ground storage tanks subject to
the federal law. Estimates were in
the millions, and thought to be
located in every Zip Code in the
United States. While some of
these tanks were already regulat-
ed by local and state fire codes
and health standards, the regula-
tions were often inconsistent and
incomplete. The new federal reg-
ulatory program would fill the
regulatory gaps and dwarf exist-
ing programs that EPA adminis-
tered.
Lee Thomas
EPA Administrator, 1985-89
EPA knew there would never be
enough resources at the federal
level to fully implement the program, to inspect every tank,
and to oversee the cleanup of every release. To succeed, EPA
needed to heavily involve states in implementing the program.
EPA and states would have to become close partners.
To understand the technical problems with underground stor-
age tanks, EPA reached out to a wide range of experts state
and local officials, leaders from environmental groups, tank
manufacturers, equipment installers, environmental consult-
ants, gas station owners and operators, and many others. EPA
sought their ideas and welcomed their input. EPA wanted the
regulations to address the real problems with underground
storage tanks, be easily implemented by states, and under-
stood by tank owners.
EPA didn't stop there. Perhaps one of the most novel ideas,
especially 20 years ago, was to reach out to companies like
Century 21, McDonald's, ServiceMaster, and 7-Eleven to see
if the recipe for their success would work for the under-
ground storage tank program. To the Agency's surprise, while
each company's line of business was different, they all shared
a common thread a franchise business arrangement. This
arrangement allowed each company to set corporate policies
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
and standards to ensure product consistency and the same
level of service, regardless of where stores were located. At
the same time it gave individual stores flexibility to develop
and implement marketing strategies tailored to their specific
needs. It was clear to these companies this approach worked
because it used the strengths and knowledge of both the fran-
chisees, who ran the businesses daily, and the franchiser, who
provided national policy, crucial support services, and technical
assistance.
EPA was convinced a franchise approach would work for the
underground storage tank program because we faced issues sim-
ilar to Century 21 the need to develop a national program with
a consistent set of standards that could be implemented by all
50 states. So, EPA set out to develop a national program based
on the franchise approach, with the Office of Underground
Storage Tanks (OUST) being the national franchiser and EPA
regional offices working directly with states, the franchisees.
As the national franchiser, EPAs recipe for success included
four key ingredients: promulgating performance-based federal
regulations; aggressively approving qualified state under-
ground storage tank programs; fullfilling EPAs responsibilities
in Indian Country; and providing vigorous compliance assis-
tance and outreach.
EPA's Regulatory Program
In 1985, when EPA began developing its new regulatory pro-
gram for underground storage tanks, the stakes were very
high. The Agency had to quickly promulgate effective and
workable regulations that would prevent underground storage
tanks from leaking and clean up leaks that had occurred.
Congress had laid out its expectations less than a year earlier.
On February 29, 1984 in the words of Senator David
Durenberger, one of the principal sponsors of Subtitle I in
the U.S. Senate, Congress wanted assurances that "new tanks
are built and installed as they should be and that old tanks are operat-
ed and maintained so that the possibility of leaks is minimised. Leaks
which do occur should be detected quickly so that the chance of contami-
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
-------
Underground Storage Tanks: Building On The Past To Protect The Future
nation is Ion1!' Eight months later on October 5, 1984
Congressman Jim Florio, one of the key sponsors of the leg-
islation in the U.S. House of Representatives, articulated his
vision stating that, "implementation of these safeguards durine the
o r J J o o
next decade and removal of leaking tanks will, in my view, go a long way
toward preserving America's most precious natural resource, its freshwater
aquifers!'
"We wanted to be sure that the regulations Wl* ,these expectf ^ns ,m
mind, the Agency worked quick-
were practical When OUST was developing iy to develop and promulgate
the regulations we always thought of the new underground sto<-age tank
regulations. In less than four
16-year old gas station worker measuring years from start to finish, EPA
the tanks at 6 a.m. on a cold day. Will he do met ^ challenge, it wasn't easy
EPA knew that because of the
what we are asking him?" magnitude of the underground
storage tank problem, a tradi-
Ron Brand tional regulatory program would
First Director, Office of Underground Storage Tanks not work. Wlth over ^ miUl0n
petroleum and hazardous sub-
stance tanks in the ground most of which were old bare
steel tanks, many already corroding and causing leaks the
Agency knew a prescriptive one-size-fits-all regulation would
not work.
"EPA sought industry out and industry Ins*ad' the f gency ,set off °" a
path to crart regulations that
made attempts to provide accurate and were flexible, performance
comprehensive information:' based' technol°gy forcin& and
perhaps most importantly,
_., reflected the needs of states
JeffLeiter ,
_ ,. ru^i/-i-- wno would be the principal
Former Co-chair of the Tank Coalition . r ,
implementors or the program.
As active co-regulators, states
needed the flexibility to implement the federal regulations and
set their priorities in a way that would address their unique cir-
cumstances and needs. States could go beyond the federal reg-
ulations, and some states did in order to protect sole source
aquifers or environmentally sensitive areas. And the regulated
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
-------
Underground Storage Tanks: Building On The Past To Protect The Future
community needed flexibility to choose among effective
release prevention and leak detection equipment. At the same
time, the federal regulations needed to ensure flexibility didn't
come at the expense of protectiveness for all Americans. The
regulations had to assure a basic level of protection for every-
one regardless of where the tanks were located.
Following hundreds of meetings, information gathering
efforts, and countless hours of writing, EPA promulgated its
regulations in the fall of 1988. The preamble and the regula-
tions, covering 165 pages in the Federal Register, spelled out the
rationale for the regulations, requirements, deadlines, options,
and areas of flexibility available to the regulated community.
The regulations required tank owners to cathodically protect
or otherwise close, upgrade, or replace their tanks within ten
years and put in place one of several leak detection methods
within five years. For leaks that had occurred, the regulations
required owners to report them and clean them up according
to state-specific standards that are protective of human health
and the environment. Owners also had to choose one of sev-
eral financial assurance mechanisms to demonstrate they had
the financial resources to pay for the cleanups.
As comprehensive and technical as these regulations were for
tank owners, the regulations were designed to achieve three
simple goals:
Prevent leaks by requiring owners to close or upgrade
old substandard tanks or install new, better, and safer
tanks that won't easily corrode and leak.
Detect leaks quickly by requiring owners to replace or
supplement wooden dip sticks and other old, outdated
leak detection methods.
Clean up leaks quickly and safely by requiring tank own-
ers to have the financial resources to do so.
These three simple but important goals, and the regulations
promulgated in 1988 designed to meet these goals, continue
to work for the program today.
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
Strong Emphasis On Approving State
Programs
As sound as EPA's new regulations were, the Agency realized
that aggressive implementation of the program was the key
to success. With over two mil-
"Having our own state program allowed us
to come up with innovative solutions to solve
UST problems that were unique to our state."
Michael Kanner
UST Manager
Minnesota Pollution Control Agency
lion regulated storage tanks
buried all across America, it was
clear that the job was too big for
the federal government to
implement alone. In fact, in the
same February 29, 1984 speech
(quoted earlier), Senator
Durenberger laid out his expec-
tations on the floor of the U.S.
Senate. "It is my expectation" he
said "that this program will be run by the State governments with very
little federal involvement"
It was clear 20 years ago states had to play the key role in
implementing the underground storage tank program and
overseeing and enforcing the regulations. EPA would only
succeed in implementing the program if states succeeded. To
meet Congress' expectations and EPA's desire for full state
Cuirendy 33 states, the District of Columbia and the Commonwealth of
Puerto Rico have EPA approved UST programs.
£~^, Virgin Imlimh
1 (33 pluft DC and PR)
10
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
implementation, the Agency had to develop rules that would
encourage states to seek formal approval to run their state
underground storage tank program in lieu of the federal pro-
gram. With so many corroding tanks and so many known and
yet-to-be-discovered releases, the Agency had to design a
process to get qualified states approved quickly and with min-
imal disruption to their existing work.
Just as the Agency had done with the technical regulations,
EPA took a different approach for approving state under-
ground storage tank programs. Because of the nature and
magnitude of the tank problem and the importance of getting
qualified states approved quickly, the Agency designed a
streamlined process for approving qualified state programs.
Instead of requiring a burdensome and time-consuming line-
by-line comparison between federal and state tank regulations,
the Agency would review a state program against eight pro-
gram specific objectives related to leak prevention, leak detec-
tion, cleanup, and financial assurance. States demonstrating
that their standards in the eight areas were no less stringent
than the federal regulations would be approved, provided
their programs regulate the same universe of federally regu-
lated tanks, and they had adequate enforcement.
In July 1990, EPA approved Mississippi as the first state to run
its own underground storage tank program in lieu of the fed-
eral program. Today, 33 states, the District of Columbia, and
the Commonwealth of Puerto Rico have EPA approved pro-
grams. With rare exceptions, all other states are implementing
their own tank programs under EPA cooperative agreements.
Fulfilling EPA's Responsibilities In Indian
Country
Although the vast majority of the nation's underground stor-
age tanks are regulated by states, tanks in Indian Country pres-
ent a different challenge. For the roughly 2,600 active tanks
in Indian Country, EPA is responsible for directly implement-
ing the underground storage tank regulations. Although the
number of tanks in Indian Country is relatively small in com-
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
11
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Underground Storage Tanks: Building On The Past To Protect The Future
parison to today's nearly 700,000 tanks nationwide, EPA is
approaching its responsibility in the same manner and with
the same purpose.
As the Agency did with states, EPA built strong partnerships
with tribes and tribal consortia, and continues to strengthen
these partnerships. Through these partnerships, EPA provided
and still provides technical support, financial resources, and
compliance assistance. Over the last decade, EPA provided over
$9 million to tribes and tribal consortia to train their own staff
and to develop and manage their own underground storage tank
programs. And to further support tribes, EPA conducts approx-
imately 200 tank site inspections annually, oversees cleanup
activities, and where appropriate undertakes cleanups.
Through these partnerships, EPA
"EPA provides real support to tribal tank and ^ have made conslder_
compliance problems - the Agency's assis- able progress during the past 20
years. Almost 5,200 old, unsafe
tance is part of the solution, not a barrier storage tanks m Indlan Country
tO SUCCeSS. EPA approaches new and innO- have been permanently closed,
,r , , , . , , most leaks are promptly reported.
vative tribal programs with an open mind , , ^ y 4 f '
and almost 60 percent or all
and WilUngneSS tO turn ideas intO reality" known releases have been cleaned
up. Today, nearly all owners of
Bobby Short gas stations and other regulated
Environmental Programs, sites in Indian Country have the
Inter-Tribal Environmental Council required equipment in place and
most operate it properly.
Compliance Assistance And Outreach Make
A Difference
By developing and implementing the technical and state pro-
gram approval regulations, and building partnerships with
tribes and tribal consortia, EPA was well on its way towards
creating a successful regulatory program for underground
storage tanks. But the fourth and final ingredient for success,
compliance assistance and outreach, was just as challenging
and important. The owners and operators of underground
12 Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
storage tanks had to be educated about the new regulations.
Tank owners spanned the spectrum from the largest oil
companies to the smallest mom-and-pop gas stations. As is
still the case, the federal government also owned tanks, as
did state, local, and tribal governments, convenience stores,
taxicab companies, bus companies, state transportation
authorities, fire departments and many others. Some were
large, sophisticated companies and organizations with
legions of lawyers and environmental engineers on staff.
Others were one-person operations with little or no knowl-
edge of environmental regulations. EPA had to reach all of
these owners and provide them with the tools to understand
the regulations so they could comply.
EPA began by writing the regulations in plain language before
that concept was well known or generally accepted. That
alone was a big step, but EPA did more. The
Agency produced dozens of documents that
explained the regulations in language so simple
that a large and diverse audience could read and
understand the requirements. EPA also developed
documents explaining how to do things correctly
like inventory control and leak detection. In 1990,
EPA published its first outreach document in
Spanish in order to reach the diverse tank owner
community. Some of the more popular documents
included:
Musts for USTs a comprehensive, easy-to-read
summary of the federal requirements for
underground storage tanks focusing on instal-
lation, release detection, spill, overfill, and cor-
rosion protection, corrective action, closure,
reporting, and recordkeeping requirements.
Operating and Ma: "round Storage
JO O O O
Tank Systems: Practical Help and Checklists - a
manual to help owners and operators under-
stand how to properly operate and maintain
their underground storage tank systems.
SERA
S2I
Operating And
Maintaining
Underground Storage
Tank Systems
Practical Help And
Checklists
HAVE You
CHECKED
YOUR TANK
_ TODAY?
Printed on ffecvcfrtf P
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
13
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Underground Storage Tanks: Building On The Past To Protect The Future
"EPA maintains an atmosphere of open
communication and encourages stakehold-
ers to voice their opinions about their
experiences. States, industry, and EPA are
encouraged to learn from each other and
to share successes and challenges."
Kathy Stiller Banning
Delaware UST Manager and Co-Chair of the Association of
State and Territorial Solid Waste Management Officials Tank
Subcommittee
Dollars and Sense a booklet providing a plain language
summary of owner and operator financial responsibili-
ties under the federal regulations.
Straight Talk on Tanks: Leak Detection Methods for Petroleum
USTs and Piping a booklet summarizing various leak detec-
tion methods for underground storage tanks and piping as
well as the regulatory requirements for leak detection.
EPA needed a distribution network to reach the diverse and
large group of owners and operators. So, EPA turned to its
partners in the program states, tribes, and private industry
to help publicize and distribute thousands of free copies
of these and other documents. Today, EPA is taking advan-
tage of the internet by making most publications available
on the Web at http://www.epa.gov/oust/pubs/index.htm.
Along with publications, EPA also organized, co-sponsored,
and continues to host with states, two annual conferences.
These national conferences provide a good opportunity for
EPA, states, tribes, and others to share experiences and
improve the program. Both con-
ferences provide a forum to
exchange information on new
technologies and regulatory
innovations at all levels of gov-
ernment. And they provide a
place for stakeholders from
across the nation to share their
success stories and lessons
learned, which leads to better
compliance and more effective
cleanup.
14
Underground Storage Tanks - A Program Of Partnership,
Innovation, And Results
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Underground Storage Tanks: Building On The Past To Protect The Future
A Measure Of Our Success
I
n 1984, the Congressional Research Service (CRS) pub-
lished a study about the enormous regulatory task EPA
and states faced. CRS noted in its study:
"An estimated 1.4 million underground tanks in the United States store
gasoline. An unknown additional number of tanks store a variety of petro-
leum products .... Of the 1.4 million underground tanks storing gasoline,
approximately 85 percent are made of steel with no corrosion protection and
were buried over 20years ago. Although few data exist, some petroleum indus-
try experts estimate that 75,000 - 100,000 of these underground gasoline
tanks may currently be leaking... into the ground and groundwater supplies
and perhaps up to 350,000 tanks may be leaking within the next'five'years."
Twenty years later, the accuracy of the CRS estimates is
remarkable. EPA now knows there were over 2.1 million
underground storage tanks and over 400,000 releases have
since occurred. As a result of the federal regu-
lations, strong state and tribal partners, aggres-
sive outreach, and the combined efforts of our
public and private partners, we have made
tremendous progress in tackling the problems
described by CRS in 1984.
Working together, EPA and its partners have
closed over 1.5 million old, substandard tanks
and cleaned up over 300,000 petroleum leaks,
almost 70 percent of all releases. Through our
combined efforts, we have averaged almost
19,000 completed cleanups annually. This has
not been easy. Cleaning up BTEX (benzene,
toluene, ethylbenzene, and xylene - the basic
contaminants in gasoline) is tough enough; but
in the mid-1990s states began to discover
MTBE (methyl tertiary butyl ether - a gasoline
additive) in the nation's groundwater.
We have now found MTBE in many places and, if
left unchecked, MTBE can cause significant
groundwater contamination problems. And while
MTBE is frequently detected, Santa Monica,
California and Long Island, New York were the first
cities to experience widespread contamination
Cleanups Completed: Historical flverage, 1999-2003
40.000
35.000
30.000
25.000
20.000
15.000
10.000
5.000
19.000
All numbers rounded to nearest thousand.
Confirmed Releases: Historical Average, 1999-2003
All numbers rounded to nearest thousand.
A Measure Of Our Success
15
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Underground Storage Tanks: Building On The Past To Protect The Future
"Twenty years later, the unconventional
programs developed by EPA's UST program
have proven to be effective at protecting
public health and the environment."
Tom Dunne
EPA Office of Solid Waste and Emergency Response
Associate Administrator
affecting large populations. Up to
300,000 residents were affected in
Santa Monica and 2.6 million peo-
ple were affected in Long Island.
Like many other challenges the tank
program faced, by working together
and relying on each partners'
strengths, we are beginning to make
a difference in these and other
areas. EPA's financial and technical
assistance had a great impact in Santa Monica where a landmark
MTBE settlement was reached last year between the city and sever-
al major oil companies. In the words of Wayne Nastri, Regional
Administrator of EPA Region 9, "The Santa Monica agreement proves
that when allkvels of government local, state and federal work together, we serve
the common good and produce a comprehensive solution to a difficult problem"
Decreasing UST National Cleanup Backlog, 1999-2003
2000 2001 2002 2003
All numbers rounded to nearest thousand.
National OST Cleanups Completed, 1992-2003
1992 1993 1994 1995
All numbers rounded to nearest thousand.
On the prevention side, the results are just as impres-
sive. Through combined efforts, nearly all substan-
dard tanks have been closed, replaced, or upgraded.
And because of these improvements, our nation has
seen a dramatic drop in new releases. Over the his-
tory of the underground storage tank program, EPA
and states have discovered just over 27,000 new
releases a year and as many as 66,000 in 1990. In 2003,
we discovered approximately 12,000 confirmed
releases, about 60 percent less than the historical aver-
age. This dramatic reduction in the number of releases
proves the tank program is making a difference.
Much of this reduction is due to better designed
tanks and improved compliance on the part of the
regulated community. Twenty years ago, CRS believed
that 85 percent of the buried tanks were made of
bare steel without any corrosion protection. Today,
nearly all underground storage tanks are cathodically
protected or have been replaced with newer and better
tanks. And tank owners have done more than close,
upgrade, or replace their older tanks. At the end of
2003, tank owners were operating their spill, overfill,
corrosion protection, and leak detection equipment
properly at more than 70 percent of all tank sites.
16
A Measure Of Our Success
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Underground Storage Tanks: Building On The Past To Protect The Future
Commitment To Finding Innovative Solutions
Statistics alone cannot fully cap-
ture the collective success of the
underground storage tank pro-
gram. The performance-based tank
regulations were technology-forcing,
encouraging industry to develop
newer and better methods to prevent,
detect, and clean up leaks. In the same
vein, EPA encourages and supports
states, tribes, and local partners to con-
tinuously look for new and better ways
to prevent leaks and clean them up quickly and effectively. This
proactive attitude has paid off in keeping the tank program
fresh with new ideas even after 20 years. And while program
innovations came from many sources, states have been at the
forefront in developing new approaches. Pay for performance
contracting, risk-based corrective action, and state trust funds
are three of the most innovative and noteworthy solutions.
Pay For Performance
In the program's early years, many state officials were look-
ing for a faster, streamlined approach for completing
cleanups. After attending the annual national tank confer-
ence, a manager from New Mexico's tank program came up
with a new idea of paying contractors for their performance
rather than for their time and materials. Following the con-
ference, pay for performance contracting, more popularly
known as PFP, was born. Other states have adopted and
expanded that concept for their own use.
"The UST regulations ensured a market
which provided incentives for those manu-
facturing tanks, piping and leak detection
systems to develop new and better products"
Sullivan Quran P.E.
Executive Director, Fiberglass Tank and Pipe Institute
PFP contracting holds the contractor account-
able by tying contractor payments to meeting
firm, measurable cleanup goals. By doing so,
cleanups are often faster, less expensive, and
more likely to rely on new, more effective
cleanup methods. As an added benefit, there is
less paperwork and a lighter administrative load
because there is no need for extensive reviews of
contractor billings.
In pay for performance cleanups, con-
tractors are paid a set amount of
money for reaching specific contami-
nation reduction goals (within a set
time limit), which are predetermined
by state cleanup experts.
Commitment To Finding Innovative Solutions
17
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Underground Storage Tanks: Building On The Past To Protect The Future
Successes
South Carolina has been a trendsetter when it comes to the
use of PFP contracting. The state first used PFP contracting
in 1997 and quickly made it an integral part of its approach to
cleaning up leaks from underground storage tanks. South
Carolina has not only seen a reduction in the amount of time
required for cleanups, but has also been getting the same or
higher quality work while paying less. South Carolina reports
an average savings of $215,000 per site cleanup with reduced
staff project management time needed. The state's ability to
set clear time lines for cleanup and to monitor contractors'
progress is the key to success. South Carolina mandates quar-
terly reports from contractors on contamination levels and
ensures cleanup projects remain on track for completion. The
state's PFP program has been so effective that South Carolina
was awarded an Engineering Excellence Award by the
Consulting Engineers of South Carolina Association.
Similar success has occurred throughout the country. Many
states have used the example set by South Carolina to develop
PFP programs of their own. Florida, Utah, Georgia,
California, Vermont, Oklahoma, Nebraska, and others have
also taken the initiative and developed unique approaches to
PFP contracting.
Risk-Based Corrective Action
Risk-Based Corrective Action (RBCA) is
a streamlined approach that integrates
exposure and risk assessment prac-
tices 'with traditional components of
the corrective action process to
ensure that appropriate and cost-effec-
tive remedies are selected and that lim-
ited resources are properly allocated.
During the 1980s, EPA, states, and tribes faced
the daunting task of assessing and cleaning up
hundreds of thousands of leaks quickly and
effectively. It became obvious that because of the
number of leaks, EPA and states needed a way to
set priorities. So over the course of two years,
EPA along with partners from states, industry,
and the American Society for Testing and
Materials developed Risk-Based Corrective
Action (RBCA). This tool helps states evaluate
18
Commitment To Finding Innovative Solutions
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Underground Storage Tanks: Building On The Past To Protect The Future
the cleanup priority of each site based on relative
risks to human health and the environment. Today
nearly all states use risk-based decision making to
protect human health and the environment.
Successes
The benefits of applying risk-based decision mak-
ing to cleanups is perhaps best illustrated in a
March 2000 study, published by the American
Society for Testing and Materials. The study high-
lighted risk-based cleanup programs in Illinois,
Iowa, Texas, North Carolina, and Utah and evalu-
ated each program's performance from 1990 to
1999. Astonishingly, the study showed that imme-
diately following implementation of risk-based decision
making, four of the five pilot states observed a dramatic
spike in annual number of cleanups completed and, in some
circumstances, a decline in their backlog of cleanups to be
completed. Utah's cleanup completion rate increased by 120
percent during the first year. The monetary benefits of risk-
based decision making were also encouraging. Between 1994
and 1998, remediation costs in Texas dropped by 77 percent
for soil-only sites (median cost reduced to $24,000 per site
from $80,000 per site) and by 58 percent for low risk ground-
water impact sites (to $107,000 per site from $250,000 per
site).
State Trust Funds
The financial responsibility regulation EPA promulgated in
1988 required tank owners to show they have the financial
resources to clean up a site if a release occurred. The regula-
tion gave owners a variety of compliance options.
Unfortunately, private insurance was not widely available or
was extremely costly, especially for small businesses.
Additionally, private insurance did not cover the costs of
cleaning up the thousands of known releases.
Risk-Based Decision Making is a process
that UST implementing agencies can use to:
Focus site assessment data gathering.
Categorize or classify sites.
Determine what, if any, further action is
necessary to remediate a site.
Help establish cleanup goals.
Decide on the level of oversight provided
to cleanups conducted by UST owners
and operators.
S.EPA
Financing Underground
Storage Tank Work:
Federal and Slate Assistance Programs
Commitment To Finding Innovative Solutions
19
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Underground Storage Tanks: Building On The Past To Protect The Future
Successes
To create a way to pay for cleaning up known releases and to
meet the financial responsibility requirements, one of the
most creative tools state trust funds was born. No fed-
eral mandate required states to create these funds. But state
officials, seeing how their peers in other states had responded
to the needs of their tank owners, especially small businesses,
developed their own funds.
While each state fund is somewhat different, they all enable
tank owners to comply with the financial responsibility
requirements and provide money to clean up releases.
By all accounts, these funds have worked. Today 40 states
have funds that provide money to clean up underground stor-
age tank releases. States raise and spend more than $1 billion
annually. And, over the life of the program, states have spent
more than $11 billion to help clean up more than 300,000
petroleum releases.
20
Commitment To Finding Innovative Solutions
-------
Underground Storage Tanks: Building On The Past To Protect The Future
Continuing Challenges
A I ^wenty years ago, the Hatfields of Canob Park, Rhode
Island and countless other Americans in other states
had to live with the effects of leaking underground
storage tanks from nearby gasoline stations, convenience
stores, and other locations. No one knew where all of these
tanks were located, what they were made of, or whether they
were leaking. It was not uncommon in 1984 that the first and
only sign gasoline had leaked from an underground storage
tank was a strong odor coming out of the shower or a bad
taste from the tap water.
It took swift Congressional and «RpA mad& a sincere effort fo involve stake-
Presidential action to enact federal
legislation to create a national holders in developing UST regulations.
underground storage tank pro- AnyQne wbo was interested and thought
gram. Iwenty years ago, EPAs rirst
major challenge was how to impie- they had something valuable to add was
merit this new legislation. Given ^^^ fe ^^ g^ mggesttons. EPA bas
the size or the regulated universe,
the unknown number of leaks, and Created UST regulations that hOV6 Survived,
the great diversity of owners, EPA -, , , , -, ..
, / ' been understood, and substantially com-
had to adopt new approaches,
write the regulations, and imple- plied With"
ment the national program. Based
on the franchise approach, EPA Robert Renkes
built strong partnerships with Executive Vice President and General Counsel
states, tribes, and private industry for the Petroleum Equipment Institute
to tackle this problem. By many
measures, the program has suc-
ceeded and served the nation well. Through these partner-
ships, we have made great progress by designing better and
safer tanks, cleaning up two-thirds of all leaks, and cutting the
number of new leaks by 70 percent.
But as the tank program celebrates its 20th anniversary, there
is still much left to be done. Some of the new challenges that
lie ahead include improving operational compliance, complet-
ing cleanups, minimizing leaks from new and upgraded tanks,
and cleaning up and reusing abandoned gas stations and other
petroleum brownfields. By carrying on the original principles
Continuing Challenges 21
-------
Underground Storage Tanks: Building On The Past To Protect The Future
of partnerships and innovation that were established 20 years
ago and tested and strengthened over time, together we will
continue to find new ways to solve the challenges of today and
tomorrow.
Improving Operational Compliance
While tremendous strides have been made in reducing the
number of new releases, thousands of newly discovered leaks
still occur each year. The lack of proper operation and main-
tenance is one of the major causes of new releases. EPA and
states are working together on several major efforts to address
the challenge.
One way to improve operational compliance is to increase the fre-
quency of tank inspections. A few states conduct annual inspec-
tions, but most inspect tanks on average less than once every three
years. To increase the number of inspections, some states have
developed innovative methods such as the use of certified third
party inspectors or contracting with local fire and health depart-
ments. We need to explore these and other methods.
In addition to conducting more inspections, we need to
ensure inspectors are well trained. Well-trained inspec-
tors are integral to helping owners and operators
achieve and maintain operational compliance. To meet
this need, EPA and states are developing web-based
training for federal and state tank inspectors and site
cleanup managers. The on-line modules, available later
this year, will provide basic instruction for tank inspec-
tors and cleanup managers. EPA is planning to com-
plete more advanced modules in future years.
Over the years, EPA has produced dozens of compli-
ance assistance documents to help owners and opera-
tors deal with a wide variety of tank topics. Continuing
that effort, EPA and states are developing an easy-to-
use, model workbook that can be tailored to individual
states and used by tank owners to determine if they are
in compliance and identify what needs to be done to
reach and maintain compliance.
22
Continuing Challenges
-------
Underground Storage Tanks: Building On The Past To Protect The Future
Completing Cleanups
EPA and its partners have made enormous progress by clean-
ing up over 300,000 contaminated sites. Still, 130,000 con-
taminated sites need to be cleaned up. EPA and our partners
are committed to cutting this number in half by 2007 and
continuing the legacy of finding faster, more innovative, and
less costly ways to get the job done.
EPA is helping states and tribes reach their cleanup goals by
characterizing the types of sites that still need to be cleaned
up. The Agency is also taking a targeted and intensive look
at how to move difficult cleanups forward and get them
completed. This review should help identify fresh approaches
for expediting cleanups. EPA is also encouraging multi-site
cleanup approaches and wider use of pay for performance
contracts, both of which accelerate cleanups and reduce
costs and administrative burdens.
As is the case for inspectors, EPA and states have a continual need
to train new staff who oversee cleanups. Well-trained staff are
integral to ensuring cleanups are initiated and completed properly.
EPA and states are developing introductory, web-based training,
available later this year, for federal, state, and tribal site cleanup
staff. More advanced modules are being planned for the future.
While EPA and states are focusing efforts on completing
cleanups, there is still a need to ensure that sites not yet cleaned
up are managed properly to protect human health and the
environment over the long-term. Tracking and enforcing insti-
tutional controls that lay out limitations for using sites are key
to managing contaminated sites responsibly over time. EPA
and states are continuing their partnership to develop tools
which improve long-term site management.
Minimizing Leaks From New And Upgraded
Tank Systems
Over the past 20 years, EPA and its partners have closed over
1.5 million old, outdated underground storage tanks. Today,
nearly all underground storage tank systems in this country
Continuing Challenges
23
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Underground Storage Tanks: Building On The Past To Protect The Future
have the required leak prevention and leak detection systems
and are less likely to corrode and leak than the tank systems
of the previous generation. Nevertheless, many new tank sys-
tems are continuing to leak. While we don't know how many
are leaking or all of the reasons, we are beginning to learn that
some of the problems are due to faulty equipment, improper
installation, and lack of proper operation and maintenance of
the equipment.
Anecdotal information indicates that releases from piping, as
well as spills and overfills during delivery, are still prevalent
and releases from dispensers have emerged as a leading source
of contamination. States again have been in the forefront of
addressing these problems. In addition to taking proactive
program and regulatory steps to improve tank system per-
formance, several states have undertaken studies to quantify
tank system performance.
EPA is also evaluating tank system performance and working
with state and industry partners to determine the primary
sources and causes of problems. Once completed, this evalu-
ation will help EPA, states, and industry guide future training
efforts; identify research needs; focus inspection resources;
and improve tank system installation methods, operation and
maintenance procedures, and underground storage tank sys-
tem equipment.
This effort is essential to ensure we not only retain the signif-
icant improvements we've made over the past 20 years, but
continue to move the program forward toward a better and
cleaner future. This commitment to continuous improvement
has been a hallmark of the underground storage tank pro-
gram since its inception and continues to be a driving force
within the program.
Cleaning Up And Reusing Petroleum
Brownfields
For the past 20 years, regulating tanks at active gas stations and
other fueling sites has been the principal focus of the under-
ground tank program. But old abandoned gas stations can be
24
Continuing Challenges
-------
Underground Storage Tanks: Building On The Past To Protect The Future
eyesores and blight communities.
The 2002 Brownfields Law is giv-
ing EPA, states, cities, entrepre-
neurs, and community leaders an
opportunity and new tools to clean
up and return to productive reuse
many of the 200,000 abandoned
petroleum sites scattered through-
out America. Using the foundation
upon which the underground stor-
age tank program was built partnerships, creativity, and hard
work we can meet this new challenge.
In 2000, building on the success of the Brownfields program,
EPA created USTfields and began in earnest to focus on aban-
doned petroleum sites. EPA provided almost $5 million to fund
50 USTfields pilots. Three years later, EPA awarded almost $23
million for 102 new petroleum grants, under the 2002
Brownfields Law. These grants are helping states and cities
assess, cleanup, and reuse petroleum brownfields. Some com-
munities are already seeing results. In Nashua, New Hampshire,
New England's largest bicycle dealer is now located on a
cleaned up petroleum-contaminated industrial site. In Trenton,
New Jersey, the city reclaimed an abandoned gas station and
built a new firehouse.
In addition to the grants, EPA and states are continuing their
legacy of developing and disseminating innovative tools to
address petroleum brownfields. Issuing a Ready-for-Reuse
determination is one such tool. It is being used in Sayre,
Oklahoma and in other places to acknowledge that the site has
been cleaned up and is ready and available for a particular type
of reuse. Site inventories are helping bring property owners
together with end users who may want to use the property. And
Triad is a comprehensive approach for planning, managing, and
implementing area-wide cleanups quickly and efficiently.
Ultimately, we need to strengthen our existing partnerships and
build new ones to meet the new petroleum brownfields chal-
lenge. In some ways, this challenge may be tougher than oth-
"The entire petroleum brownfields agenda
is a critically important task of the UST
program and is a major part of the
vision for the future"
Timothy Fields
Former Office of Solid Waste and Emergency Response
Assistant Administrator
Located in a part of Chicago with
minimal green space, the West
Ogden Pocket Park was formerly
a service station. The site was an
eyesore and contained a derelict
building used for illegal dumping
and 11 USTs that ranged in size
from 600 to 10,000 gallons.
Cooperation between the Chicago
Department of Buildings, Depart-
ment of the Environment, and
Department of Transportation led
to tank removal, site remediation,
and restoration. In the summer of
2001, the West Ogden Pocket
Park opened, adding much needed
green space to the neighborhood.
Continuing Challenges
25
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Underground Storage Tanks: Building On The Past To Protect The Future
ers because of the need to include additional partners prop-
erty owners, end users, bankers, cleanup contractors as well
as traditional regulatory partners. Even though developing
these partnerships is time consuming, some are already in
place and making progress. Through a new partnership with
Habitat for Humanity, the City of Oakland, California, and
EPA, an old gas station with four buried tanks was cleaned up.
Now in its place are four new homes for low income families.
By expanding old partnerships, creating new ones, developing
user-friendly tools, and taking advantage of the new opportu-
nities in the Brownfields Law, EPA, states and other public
and private partners can clean up and reuse thousands of old
abandoned gas stations.
Meeting New Challenges
Partnerships, innovative solutions, cooperation, feedback,
striving to improve.
Over the last 20 years, EPA used these principles to set in
place a framework and foundation for partnerships to suc-
cessfully manage America's tank systems. And the choices we
made and used throughout the program's history helped us
20 YEARS OF PROGRESS
BUILDING ON THE PAST
TO PROTECT THE FUTURE
enter the third decade of the under-
round storage tank program, new chal-
lenges lie ahead and a great deal more
work needs to be done. We are commit-
ted to continuing the past ideals that
have taken the tank program to where it
is today. And we are dedicated to ensur-
ing continued success in protecting the
nation's environment and human health
from underground storage tank releases.
With the continued support of our part-
ners, we will keep our nation's land and
ater safe for our and future generations.
26
Continuing Challenges
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RBf iBCtiOHS "ERA sought technical expertise from all sources - tank owners and
vendors, state and local government agencies, and franchise operations.
We sought to fully understand the operation of these tanks and find
ways to improve the process from within."
Louise Wise
Former OUST Division Director responsible for developing
the regulations
"We worked towards compromises that would achieve tank standards while
being realistic about what it would mean for those actually doing the work."
Carrie Wehling
One of the original EPA lawyers who worked on the UST regulations
"Outreach was of great importance in the underground storage tank pro-
J o r o o r
gram from the very beginning, since our mission was to try to change the
tank management practices of 175,000 owners and operators with very
diverse backgrounds and education levels. To getpeople's attention, we creat-
ed, for example, a lively brochure called Musts for USTs that explained the
new tank management requirements in very simple and clear terms and even
used cartoons depicting comical scenes to make the text interesting to read."
Helga Butler
The first OUST Branch Chief of Communications
"Many of the principles that led to the success of the UST program (cus-
tomer orientation, continuous improvement, flexibility, partnerships) were
considered quite innovative, even rebellious, in the mid-1980s. Today, these
principles have become commonplace in many of EPA's programs."
John Heffelfinger
One of the original OUST staff members
"The theme of the office was to make states successful. We appreciated
how OUST empowered states and offered tools and flexibility so that
states could find creative solutions to UST challenges."
Bill Torrey
EPA New England Regional UST Program Manager
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&EPA
United States Office of Solid Waste Office of www.epa.gov/oust
Environmental and Emergency Underground March 2004
Protection Agency Response Storage Tanks
Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 50% Postconsumer)
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