906R87109 United States Environmental Protection Agency Office of Underground Storage Tanks Washington, D.C 20460 April 1987 &EPA Proposed Regulations for Underground Storage Tanks Your Financial Responsibilities ••ROTFiCTION 0ALIAS. iiXA; |li{fc.ij.*'Vif KB? ------- Acknowledgement The text of this brochure was prepared by ICF, Incorporated for EPA's Office of Underground Storage Tanks. ------- Your Financial Responsibilities The U.S. Environmental Protection Agency (EPA) has recently published a proposed rule concerning financial responsibilities if you own or operate underground storage tanks that contain petroleum. Although the complete proposal appears in the Federal Register (April 17,1987), this brochure provides a brief summary and answers some important questions about your financial responsibilities. The Agency will issue the final rule in early 1988 after considering comments from the public on the proposal. EPA is also developing a financial responsibility rule for chemical tanks. ery Act by adding Subtitle I to control the problem of leaking USTs. Subtitle I requires EPA to develop regulations for installing and operating underground storage tanks and for responding to leaks. EPA's proposed rule for these technical requirements appears in the Federal Register (April 17,1987). You may call the EPA Hotline (800-424-9346) to get a copy of "Proposed Regulations for Underground Storage Tanks: What's In The Pipeline," a brochure summarizing this proposed rule. Subtitle I also directs EPA to develop "financial responsibility" regulations, and these are described in this brochure. Why Is EPA Proposing These Regulations? What Is "Financial Responsibility"? Several million underground storage tanks in the United States contain petroleum or hazard- ous chemicals. Thousands of these underground storage tanks-often called USTs--are leaking and can cause fire and explosion hazards. They can also contaminate ground water. Because ground water is both a vital natural resource and a major source of drinking water, Congress amended the Resource Conservation and Recov- Financial responsibility means that if you own or operate an UST, you must take steps to ensure that there will be money to pay for the costs of a leak from your tank. These costs could include cleaning up leaked product, supplying drinking water, and compensating people for personal injury or property damage. ------- When Will The Financial Responsibility Rules Become Effective? EPA will issue a final rule for petroleum tanks next spring. The financial responsibility requirements would become effective 90 days later, or about June 1988. It is, therefore, crucial that owners and operators start planning their financial assurance programs now in order to be able to comply with the rule when it becomes effective. The fundamental aspects (e.g., level of coverage) of the proposed rule are very unlikely to change for the final rule because they were established by Congress. EPA will issue a financial responsibility rule for chemical tanks later. Who Must Show Financial Responsibility? Either the owner or the operator of the tank must show financial responsibility, but not both. The tank owner and the tank operator must decide which one will show financial responsibility under EPA's rule. Under the proposed rule, if you own or operate a tank that was properly closed and any con- tamination cleaned up before the rule becomes effective (i.e., June 1988), then the financial responsibility requirements will not apply to the closed tank. Response, Compensation, and Liability Act, also known as "Superfund"). If a tank contains more petroleum than hazardous chemicals, the finan- cial responsibility rule will apply. However, if the tank contains more chemicals than petro- leum, then this financial responsibility rule will not apply, even though the tank contains some petroleum. Note: EPA will be proposing a separate financial responsibility rule for hazardous chemical tanks later. What Amount Of Money Are You Responsible For? You must be able to show that you have $ 1 mil- lion of "per occurrence" coverage (the poten- tial cost of one leak) and an annual aggregate coverage depending on the number of tanks you own. The annual aggregate amount is the total amount of coverage you must have for all poten- tial releases. Number of Tanks Aggregate Amount 1 -12 13-60 61 -140 141 - 250 251 - 340 341 or more $ 1 million 2 million 3 million 4 million 5 million 6 million What Kinds Of Tanks Are Covered By The Proposed Rule? Financial responsibility must be shown for all USTs containing petroleum. Some tanks contain petroleum mixed with hazardous chemicals (as defined under the Comprehensive Environmental ------- How Can You Show Financial Responsibility For Your USTs? Under the proposed rule, there are four ways you can demonstrate financial responsibility for your USTs: 1. Prove that your "tangible net worth" is at least 10 times your required annual aggregate amount. For example, you can provide this proof through annual financial statements filed with the Securities and Exchange Commission. 2. Arrange for someone else to be responsible for cleanup and damage costs. You may use any of the following methods: insurance (including risk reten- tion group coverage), guarantee, indemnity contract, surety bond, or letter of credit. EPA has strict requirements for these methods. They are described in detail in the proposed rule. Your banker, account- ant, trade association representative, or insurance agent may be able to advise you on how to proceed. 3. Use State approved methods. If EPA has authorized your State to administer its own program for USTs, you may also use any method of coverage approved by your State. 4. Use State funds. If your State has established a State fund that will pay for the cleanup costs of a leak, then you may not need additional coverage to show you can pay for the same costs. You will still need to show financial responsibility for the costs of compensating those injured by leaks, unless the State fund would also pay for those costs. What Records Must You Keep Or File With EPA? You must keep records of the type of coverage you have at your tank site or your place of business. Under the proposed rule, you only need to file copies of these records with EPA in the following circumstances: 0 You install a new tank. • You suspect or identify a leak in a tank. • You receive notice that a method of coverage you have will be cancelled or will no longer provide sufficient coverage, and you are unable to get other coverage. • EPA or a State agency requests the records. What Happens If Your Coverage Is Cancelled? Under the proposed rule, a provider of cover- age or insurance may cancel your coverage only after giving you 120 days notice. You have 60 days from the receipt of the cancel- lation notice to find another method of cover- age. If you are unable to find coverage after 60 days, then you must notify EPA. ------- What If You Are Unable To Demonstrate Financial Responsibility? If you are unable to find coverage or meet the financial requirements, you may qualify for a temporary suspension of enforcement. This means the regulating agency will not enforce the financial responsibility requirements against you for a period of 180 days (which can be extended by another 180 days). To qualify, you must belong to a "class" of owners or operators who can prove they have tried, and are still trying, but thus far have been unable to find coverage. The rule does not define or limit which groups of owners or operators may form a class. The class may petition EPA for a temporary suspension of the requirements. EPA may not suspend these requirements for individual owners or operators. For a suspension to be granted, the class must show it is taking steps to form a "risk retention" group, which is a way of providing insurance coverage for members of the group. Or it can show that the State in which the tanks are located is establishing a fund to cover the costs of leaks. ------- How Can You Get More Information? You can call the Hotline at 800-424-9346 or contact one of the Regional LIST Coordinators listed below. EPA Regional UST Coordinators Boston William Torrey U.S. EPA, Region I Kennedy Bldg., Room 1903 Boston, MA 02203 617-223-1595 Mike Williams U.S. EPA, Region IV 345 Courtland St., N.E. Atlanta, GA 30308 404-347-3866 Chet Mclaughlin U.S. EPA, Region VII 726 Minnesota Avenue Kansas City, KS 66101 913-236-2852 Eric Yunker U.S. EPA, Region IX 215 Fremont Street San Francisco, CA 94105 415-974-8160 Tom Taccone U.S. EPA, Region II 26 Federal Plaza, Rm. 906 New York, NY 10278 212-264-1829 Wayne Naylor U.S. EPA, Region III 841 Chestnut Street Mail Code 3HW34 Philadelphia, PA 19107 215-597-7354 Gerald Phillips U.S. EPA, Region V 230 South Dearborn St. Chicago, IL 60604 312-886-6159 William Rhea (6H-A) U.S. EPA, Region VI 1445 Ross Avenue Dallas, TX 75202-2733 214-655-6757 Henry Schroeder U.S. EPA, Region VIII 999 18th St., Suite 500 Denver, CO 80202 303-293-1676 Joan Cabreza U.S. EPA, Region X 12006th Avenue Mail Stop 530 Seattle, WA98101 206-442-0344 GOVERNMENT PRINTING OFFICE 1987 - 716-002 - 1302/60598 ------- |