ates
Environmental Protection
Agency
Solid Waste And
Emergency Response
5403G
EPA510-B-96-007
December 1996
&EPA UST Program Facts
Implementing Federal
Requirements For
Underground Storage Tanks
Printed on Recycled Paper
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Contents
Overview Of The UST Program 1
Preventing Releases 3
Detecting Releases 5
Cleaning Up Releases 7
Financial Responsibility 9
State UST Programs 12
Leaking Underground Storage Tank Trust Fund 13
Brownfields Initiative 15
Publications About USTs 16 and inside back cover
This publication is primarily designed to help federal and state
authorities answer the most frequently asked questions about USTs
with consistent, accurate information in plain language. Other
interested parties will find this publication provides a concise,
comprehensive review of regulatory programs for USTs.
State and local regulations may be more stringent than the
federal regulations. Check with your regulatory authority. You
can call EPA's toll-free Hotline at (800) 424-9346 for contact
information on your regulatory authority.
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Overview Of The UST Program
What's an "UST"?
An underground storage tank system (UST)
is a tank and any underground piping
connected to the tank that has at least
10 percent of its combined volume
underground. The federal UST regulations
apply only to underground tanks and piping
storing either petroleum or certain hazardous
substances.
The U.S. Environmental Protection Agency
(EPA) estimates that there are about
1.1 million federally regulated USTs buried at
over 400,000 sites nationwide. Nearly all
USTs at these sites contain petroleum.
These sites include marketers who sell
gasoline to the public (such as service
stations and convenience stores) and
nonmarketers who use tanks solely for their
own needs (such as fleet service operators
and local governments). EPA estimates
about 25,000 tanks hold hazardous
substances covered by the UST regulations.
Why be concerned about USTs?
Until the mid-1980s, most USTs were made
of bare steel, which is likely to corrode over
time and allow UST contents to leak into the
environment. Faulty installation or
inadequate operating and maintenance
procedures also can cause USTs to release
their contents into the environment.
The greatest potential hazard from a leaking
UST is that the petroleum or other hazardous
substance can seep into the soil and
contaminate groundwater, the source of
drinking water for nearly half of all
Americans. A leaking UST can present other
health and environmental risks, including the
potential for fire and explosion.
How have Congress and EPA
responded to concerns about USTs?
In 1984, Congress responded to the
increasing threat to groundwater posed by
leaking USTs by adding Subtitle I to the
Resource Conservation and Recovery Act
(RCRA). Subtitle I required EPA to develop a
comprehensive regulatory program for USTs
storing petroleum or certain hazardous
substances.
Congress directed EPA to publish
regulations that would require owners and
operators of new tanks and tanks already in
the ground to prevent, detect, and clean up
releases. At the same time, Congress
banned the installation of unprotected steel
tanks and piping beginning in 1985.
In 1986, Congress amended Subtitle I of
RCRA and created the Leaking Underground
Storage Tank Trust Fund, which is to be
used for two purposes:
• To oversee cleanups by responsible
parties.
• To pay for cleanups at sites where the
owner or operator is unknown, unwilling,
or unable to respond, or which require
emergency action.
The 1986 amendments also established
financial responsibility requirements.
Congress directed EPA to publish
regulations that would require UST owners
and operators to demonstrate they are
financially capable of cleaning up releases
and compensating third parties for resulting
damages.
UST Program Facts
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Do all tanks have to meet EPA
regulations?
The following USTs are excluded from
regulation and, therefore, do not need to
meet federal requirements for USTs:
• Farm and residential tanks of 1,100
gallons or less capacity holding motor
fuel used for noncommercial purposes;
• Tanks storing heating oil used on the
premises where it is stored;
• Tanks on or above the floor of
underground areas, such as basements
or tunnels;
• Septic tanks and systems for collecting
storm water and wastewater;
• Flow-through process tanks;
• Tanks of 110 gallons or less capacity;
and
• Emergency spill and overfill tanks.
What are the federal requirements for
USTs?
In 1988, EPA issued regulations setting
minimum standards for new tanks and
requiring owners of existing tanks to
upgrade, replace, or close them. The LIST
regulations are divided into three sections:
technical requirements, financial
responsibility requirements, and state
program approval objectives.
Technical requirements
EPA's technical regulations for USTs are
designed to reduce the chance of releases
from USTs, detect leaks and spills when they
do occur, and secure a prompt cleanup.
New USTs must meet technical standards
when installed. To meet the technical
requirements, owners must upgrade, replace,
or close UST systems installed before
December 1988 by December 1998. Tanks
remaining in operation must have leak
detection and leak prevention components.
UST owners and operators are responsible
for reporting and cleaning up any releases.
(See subsequent sections on "Preventing
Releases," "Detecting Releases," and
"Cleaning Up Releases.")
Financial responsibility regulations
The financial responsibility regulations
ensure that, in the event of a leak or spill, an
owner or operator will have the resources to
pay for costs associated with cleaning up
releases and compensating third parties.
(See subsequent section on "Financial
Responsibility.")
State program approval objectives
EPA recognizes that, because of the large
size and great diversity of the regulated
community, state and local governments are
in the best position to oversee USTs.
Subtitle I of RCRA allows state UST
programs approved by EPA to operate in lieu
of the federal program, and EPA's state
program approval regulations set standards
for state programs to meet. (See the
subsequent section on "State UST
Programs.")
States may have more stringent
regulations than the federal requirements.
People who are interested in
requirements for USTs should contact
their state UST program for information
on state requirements.
EPA provides a free 36-page booklet called
Musts For USTs that clearly presents the
regulatory requirements to UST owners and
operators. See inside the back covet for
information on ordering free EPA
publications.
UST Program Facts 2
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Preventing Releases
How can releases be prevented?
EPA designed part of the technical
regulations for USTs to prevent releases
from USTs. The regulations require USTs to
be protected from spills, overfills, and
corrosion.
Spills and overfills result from bad filling
practices. Unprotected steel tanks and
piping corrode and release product through
corrosion holes.
What is spill protection?
Many releases at UST sites come from spills
made during delivery. Human error causes
most spills, which can be avoided by
following standard tank filling practices. In
addition, USTs must have catchment basins
to contain spills. Basically, a catchment
basin is a bucket sealed around the fill pipe.
USTs installed after December 22, 1988
must have catchment basins when they are
installed. USTs installed before December
1988 must add catchment basins by
December 1998 or properly close.
What is overfill protection?
When a tank is overfilled, large volumes can
be released at the fill pipe and through loose
fittings on the top of the tank or a loose vent
pipe. Overfills can be avoided by good filling
practices and the installation of overfill
protection devices. USTs must have one of
the following devices that guard against
overfills: automatic shutoff devices, overfill
alarms, or ball float valves. USTs installed
after December 22, 1988 must have overfill
protection devices when they are installed.
USTs installed before December 1988 must
add overfill protection devices by December
1998 or properly close.
What is corrosion protection?
Unprotected steel USTs corrode and release
product through corrosion holes. All USTs
installed after December 22,1988 must meet
one of the following performance standards
for corrosion protection:
• Tank and piping completely made of
noncorrodible material, such as fiberglass.
• Tank and piping made of steel having a
corrosion-resistant coating AND having
cathodic protection. (Cathodic protection
is described below.)
• Tank made of steel clad with a thick layer
of noncorrodible material (this option does
not apply to piping).
USTs must also be designed, constructed,
and installed in accordance with a national
code of practice.
What about USTs installed earlier?
USTs installed before December 1988 must
have corrosion protection by December
1998. These USTs must meet one of the
corrosion protection standards listed above,
meet one of the upgrade options described
bc'r.v, or close properly. Use ONE of the
following THREE options to add corrosion
protection to existing steel tanks:
Add cathodic protection
Add cathodic protection to a tank that has
been proven to be structurally sound. For
example, cathodic protection can be
provided by adding an impressed current
system that protects the UST by introduping
an electrical current into the soil around the
UST. Cathodic protection systems need to
be periodically inspected and tested.
UST Program Facts 3
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Add interior lining
Add a thick layer of noncorrodible material to
the interior of the tank. This interior lining
must be periodically inspected.
Combine cathodic protection and
interior lining
Combine cathodic protection and interior
lining at the same time. USTs using this
option are not required to have the interior
lining periodically inspected. If cathodic
protection and interior lining are installed at
different times, you may need to periodically
inspect the interior lining (your state
regulatory authority can answer questions on
this matter).
What about piping?
Steel piping must have cathodic protection.
Piping entirely made of (or enclosed in)
noncorrodible material does not need
cathodic protection.
How do you properly close an UST?
To properly close an UST:
• Notify the regulatory authority at least 30
days before you close your UST.
• Determine if contamination from your
UST is present in the surrounding
environment. If there is contamination,
you may have to take corrective action.
For at least 3 years, keep a record of the
actions you take to determine if
contamination is present at the site (or
you can mail this record to your
regulatory authority).
• Either remove the UST from the ground
or leave it in the ground. In both cases,
the tank must be emptied and cleaned by
removing all liquids, dangerous vapor
levels, and accumulated sludge. These
potentially very hazardous actions need
to be carried out carefully by trained
professionals who follow standard safety
practices. If you leave the UST in the
ground, have it filled with a harmless,
chemically inactive solid, like sand.
Are there reporting and recordkeeping
requirements?
UST owners must notify state or local
authorities of the existence of an UST and its
leak prevention measures, or of the
permanent closure of an UST. Technical
regulations also set guidelines for notifying
authorities of spills of more than 25 gallons.
Owners and operators must also keep
records on:
• Inspection and test results for the
cathodic protection system.
• Repairs or upgrades.
• Site assessment results after closure.
Is there financial help to comply with
prevention requirements?
Some states have established financial
assistance programs that can provide funds
or low-interest loans to help owners upgrade
or replace their tanks.
EPA provides a free 16-page booklet called
Don't Wait Until 1998 that clearly presents
these regulatory, requirements to UST
owners and operators. EPA also provides a
booklet on Financing Underground
Storage Tank Work: Federal And State
Assistance Programs. See inside the back
cover for information on ordering free EPA
publications.
UST Program Facts 4
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Detecting Releases
Why have release detection?
EPA designed part of the technical
regulations for USTs to make sure releases
or "leaks" from USTs are discovered quickly
before contamination spreads from the UST
site. Owners and operators are responsible
for detecting leaks from their tanks and
piping.
Who needs leak detection?
All USTs must now have leak detection.
USTs installed after December 22,1988
must have leak detection when they are
installed. USTs installed before December
22,1988 had compliance deadlines that
varied with the age of the USTs. By
December 22, 1993, all of these "older"
USTs had to be in compliance with leak
detection requirements.
What are the leak detection methods?
Owners and operators of petroleum USTs
must use at least one of the seven leak
detection methods below, or other methods
approved by their state agency.
1. Secondary containment and interstitial
monitoring involves placing a barrier
between the UST and the environment. The
barrier provides "secondary" containment
and can be a vault, liner, or double-walled
structure. Leaked product from the UST is
directed toward a monitor located in the
"interstitial" space between the UST and the
outer barrier. Interstitial monitoring methods
range from a simple dip stick to automated
vapor or liquid sensors permanently installed
in the system. New USTs holding hazardous
substances must use this method.
2. Automatic tank gauging systems use
monitors permanently installed in the tank.
These monitors are linked electronically to a
nearby control device to provide information
on product level and temperature. During a
test period when nothing is put into or taken
from the tank, the gauging system
automatically calculates the changes in
product volume that can indicate a leaking
tank. This method does not work on piping.
3. Vapor monitoring senses and measures
product vapor in the soil around the tank and
piping to determine the presence of a leak.
This method requires installation of carefully
placed monitoring wells. Vapor monitoring
can be performed periodically using manual
devices or continuously using permanently
installed equipment.
4. Groundwater monitoring senses the
presence of liquid product floating on the
groundwater. This method requires
installation of monitoring wells at strategic
locations in the ground near the tank and
along the piping runs. To discover if leaked
product has reached groundwater, these
wells can be checked periodically by hand or
continuously with permanently installed
equipment. This method is effective only at
sites where groundwater is within 20 feet of
the surface.
5. Statistical inventory reconciliation uses
sophisticated computer software to
determine whether a tank system is leaking.
The computer conducts a statistical analysis
of inventory, delivery, and dispensing data
collected over a period of time and provided
by the operator to a vendor.
6. Manual tank gauging can be used only
on tanks 2,000 gallons or smaller. This
method does NOT work on tanks larger
than 2,000 gallons or on piping. This
method requires taking the tank out of
service for at least 36 hours each week to
take measurements of the tank's contents.
Tanks 1,000 gallons or less can use this
method alone. Tanks from 1,001 to 2,000
gallons can use this method only when it is
combined with periodic tank tightness testing
and only for 10 years after installation of the
UST or the addition of corrosion protection to
the UST. After 10 years, these USTs must
use one of the leak detection methods listed
above in 1-5.
UST Program Facts 5
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The additional method below can be used
temporarily at petroleum UST sites:
7. Tank tightness testing and inventory
control combines two methods. Tank
tightness testing requires periodic tests
conducted by vendors who temporarily install
special equipment that tests the soundness
of the tank. Tank tightness testing must be
used in combination with inventory control.
Inventory control is an ongoing accounting
system, like a checkbook, kept by the UST
owner or operator to detect leaks. Inventory
control requires taking daily accurate
measurements of the tank's contents and
performing monthly calculations to prove that
the system is not leaking. Tank tightness
testing and inventory control can be used
only for 10 years after installation of an
UST or the addition of corrosion
protection to an UST. After 10 years, these
USTs must use one of the leak detection
methods listed above in 1 -5.
What does piping need?
Pressurized piping needs automatic line
leak detectors (these can be automatic flow
restrictors, automatic flow shutoffs, or
continuous alarm systems). Pressurized
piping also needs one of the following:
groundwater monitoring, vapor monitoring,
secondary containment and interstitial
monitoring, or an annual tightness test of the
piping.
Suction piping needs no leak detection if it
meets two design requirements: 1) piping
slopes so that the product drains back into
the tank when suction is released, and
2) piping has only one check valve located
closely beneath the pump in the dispensing
unit. Suction piping not meeting these
design requirements must use one of the
following: tightness test of the piping every 3
years, groundwater monitoring, vapor
monitoring, secondary containment and
interstitial monitoring, or statistical inventory
reconciliation.
Reporting and recordkeeping
necessary?
UST owners and operators need to report to
the regulatory authority data about the UST,
including description of the leak detection
method. If operation of the leak detection
method indicates a possible leak, UST
owners and operators need to report the
potential release to the regulatory authority.
UST owners and operators must keep
records on leak detection performance and
upkeep. These include the previous year's
monitoring results, the most recent tightness
test results, performance claims by the leak
detection device's manufacturer, and records
of recent maintenance and repair.
EPA provides the following free booklets that
clearly present leak detection requirements to
UST owners and operators: Straight Talk
On Tanks, Doing Inventory Control Right,
Manual Tank Gauging, and Introduction
To Statistical Inventory Reconciliation.
See inside the back cover for information on
ordering free EPA publications.
UST Program Facts 6
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Cleaning Up Releases
What is the cleanup program?
In Subtitle I of the Resource Conservation
and Recovery Act, Congress directed EPA to
establish regulatory programs that would
prevent, detect, and clean up releases from
USTs. EPA regulations require UST owners
and operators to respond to a release by:
• Reporting a release,
• Removing its source,
• Mitigating fire and safety hazards,
• Investigating the extent of the
contamination, and
• Cleaning up soil and groundwater as
needed to protect human health and the
environment.
EPA developed the UST regulations and
program to be flexible and to be
implemented by state and local agencies.
Every state and many local governments now
have active UST cleanup programs.
How many releases need attention?
As of October 1996 almost 318,000 UST
releases had been confirmed. As the
graphic below shows, many of these
releases have been cleaned up, but much
work remains to be done. The number of
new releases reported continues to outpace
the number of sites cleaned up.
EPA estimates that the total number of
confirmed releases could reach 400,000 in
the next several years, primarily releases
discovered during the closure or replacement
of USTs. After this peak, EPA expects fewer
releases as USTs comply with requirements.
Currently, state and local UST cleanup
program staff oversee an increasing
caseload of active cleanups. State staff
frequently have 50 to 400 cases to manage
at any given time. Staff work is often further
complicated by administrative bottlenecks in
oversight processes. At the same time, state
staff face an increasing backlog of sites
awaiting response.
Growing Number Of Cleanups
Confirmed Releases
Cleanups Started
Cleanups Completed
Cleanups Awaiting Action
350,000
300,000
250,000
200,000
150,000
E
100,000
50,000
1990 1991 1992 1993 1994 1995 1996
UST Program Facts 7
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How is EPA meeting the cleanup
challenge?
One of EPA's top priorities in the LIST
program is to help state and local
governments make cleanups faster, cheaper,
and more effective. EPA's ongoing efforts
focus on three approaches to reach this goal:
encouraging risk-based corrective action
programs in the states, promoting the use of
alternative cleanup technologies, and
supporting activities that streamline state
administrative procedures.
Risk-Based Decision-Making
EPA is encouraging UST implementing
agencies to use a risk-based decision-
making process to make the most of state
and cleanup contractor resources.
Employing tools such as exposure
assessment and risk assessment, people
using risk-based decision-making can
consider the current and potential risks
posed by an UST release and use this
knowledge to make decisions about
corrective action processes and site
management. UST implementing agencies
can use risk-based decision-making to:
• Focus site assessment data gathering,
• Conduct initial response actions,
• Categorize or classify sites,
• Determine what, if any, further action is
necessary to remediate a site,
• Help establish cleanup goals, and
• Decide on the level of oversight provided
to cleanups conducted by UST owners
and operators.
Several states are using risk-based
approaches in their corrective action
programs and the American Society for
Testing and Materials has issued a "Standard
Guide For Risk-Based Corrective Action
Applied At Petroleum Release Sites" (ASTM
E1739-95).
Alternative Cleanup Technologies
In cooperative efforts with contractors,
consultants, tank owners, and states, EPA is
also continuing to promote the use of
alternatives to traditional site assessment
and cleanup technologies. EPA is using a
variety of training, demonstration, and
outreach projects to increase the acceptance
and use of technologies that can help make
cleanups faster, less costly, or more
effective.
Streamlining
EPA staff and consultants can help states to
streamline cleanup oversight processes.
They can teach Total Quality Management
techniques that identify opportunities for
improvement. They can show state
managers and staff how to use flowcharts
and performance indicators to document,
analyze, and improve their programs.
Are EPA's efforts helping?
By using risk-based decision-making to
maximize resources, promoting wider use of
alternative technologies for site assessment
and cleanup, and streamlining cleanup
oversight processes, many states have made
improvements. States have reduced delays
in permitting, site assessment, corrective
action, and reimbursement processes.
States are providing clearer guidance to
consultants and contractors, which is
resulting in better plans and reports,
speeding up the work, and cutting paperwork
costs. As training and demonstration
projects progress, alternative technologies
such as soil vapor extraction, air snarging,
and bioremediation are being used more
often.
EPA provides a free publication about
corrective action called An Overview Of
Underground Storage Tank Remediation
Options. See inside the back cover for
information on ordering free EPA
publications. Also, see the box on page 16
for information on two corrective action
publications available fora charge.
UST Program Facts 8
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Financial Responsibility
What are financial responsibility
requirements?
When Congress amended Subtitle I of the
Resource Conservation and Recovery Act in
1986, it directed EPA to develop financial
responsibility regulations for owners and
operators of underground storage tanks.
Congress wanted owners and operators of
USTs to show that they have the financial
resources to clean up a site if a release
occurs, correct environmental damage, and
compensate third parties for injury to their
property or themselves. The amount of
coverage required depends on the type and
size of the business, as explained in the
chart on page 11.
How can owners and operators
demonstrate financial responsibility?
Owners and operators have several options:
obtain commercial environmental impairment
liability insurance; demonstrate self-
insurance; obtain guarantees, surety bonds,
or letters of credit; place the required amount
into a trust fund administered by a third party;
or rely on coverage provided by a state
financial assurance fund. Local
governments have four additional
compliance mechanisms tailored to their
special characteristics: a bond rating test, a
financial test, a guarantee, and a dedicated
fund.
When is financial responsibility
required?
The chart on page 11 presents five groups of
UST owners and operators, compliance
deadlines for each group, and required
coverage amounts.
What is the cost of demonstrating
financial responsibility?
EPA acknowledges that the cost of
complying with the technical and financial
responsibility requirements may be a burden
to some owners and operators, especially
those with older tanks.
Because underwriting criteria for most private
insurance and eligibility requirements for
some state assurance funds require that
tanks be in compliance with federal or state
technical standards, many owners and
operators are faced with the costs of meeting
technical requirements at the same time they
meet financial responsibility costs.
The cost of meeting technical requirements
generally accounts for the majority of
regulatory compliance costs incurred by UST
owners and operators. Some states have
established financial assistance programs
that can provide funds or low-interest loans to
help owners meet technical requirements.
In terms of the costs for meeting financial
responsibility requirements, insurance
premiums for a facility with three to five
upgraded tanks may range from about
$1,000 to $1,500 per year. Owners and
operators who participate in a state financial
assurance fund generally pay annual tank
fees of from $100 to $250 per tank.
In developing the regulations, EPA has been
sensitive to the financial impact of the
regulations on small business. EPA phased
in compliance deadlines, allowing the
smallest businesses the longest time to
comply. It has since responded to business
owners' concerns by delaying compliance
dates for the smallest owners and operators.
EPA also has worked with states to develop
state financial assurance funds and grant
and loan programs.
UST Program Facts
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How can state financial assurance
funds help?
Many states have developed financial
assurance funds to reduce the economic
hardship of compliance with financial
responsibility requirements and to help cover
the costs of cleanups. State financial
assurance fund programs, which supplement
or are a substitute for private insurance, have
been especially useful for small-to-medium
sized petroleum marketers. Other
characteristics of the funds appear below:
• Financial assurance funds are created
by state legislation and must be
submitted to EPA for approval before
they can be used as compliance
mechanisms.
• In most cases, states generate money
for the funds with tank registration and
petroleum fees.
• Legislatures delegate authority for the
fund to a state agency addressing
health, environmental, or insurance
issues.
• Some state assurance funds
incorporate eligibility requirements, such
as demonstrations that facilities are in
compliance with technical requirements.
• Most state funds contain some
deductible that the owner or operator is
responsible for paying. Details on the
funds are specific to each state.
Nationwide, these state funds raise over
$1 billion annually.
How many states have financial
assurance funds?
As of September 1996, 42 state funds
qualified as financial assurance mechanisms.
One additional state (Washington) has a
reinsurance program that enables insurance
companies to offer lower-cost premiums to
the state's UST owners.
EPA provides a free 16-page booklet called
Dollars And Sense that clearly presents
these requirements to UST owners and
operators. See inside the back cover for
information on ordering free EPA
publications.
UST Program Facts 1O
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Financial Responsibility Requirements
Group Of UST Owners
And Operators
GROUP 1:
Petroleum marketers with
1,000 or more tanks
OR
Nonmarketers with net worth of $20
million or more
(for nonmarketers, the "per
occurrence" amount is the
same as Group 4-B below)
GROUP 2:
Petroleum marketers with
100-999 tanks
GROUP 3:
Petroleum marketers with
13-99 tanks
GROUP 4-A:
Petroleum marketers with
1-12 tanks
GROUP 4-B:
Nonmarketers with net worth of less
than $20 million
GROUP 4-C:
Local governments (including Indian
tribes not part of Group 5)
GROUP 5:
Indian tribes owning USTs on Indian
lands (USTs must be in compliance
with UST technical requirements)
Compliance
Deadline
Per Occurrence
Coverage
Aggregate
Coverage
January 1989
$1 million
if you have
100 or
fewer tanks
October 1989
$2 million
if you have more
than 100 tanks
December
1993
December
1993
$500,000
if throughput is 10,000
gallons monthly or less
February
1994
$1 million
if throughput is more
than 10,000 gallons
monthly
December
1998
UST Program Facts 1 1
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State LIST Programs
What is the role of states in regulating
underground storage tanks?
EPA recognizes that, because of the size and
diversity of the regulated community, state and
local governments are in the best position to
oversee USTs:
• State and local authorities are closer to the
situation in their domain and are in the best
position to set priorities.
• Subtitle I of the Resource Conservation
and Recovery Act (RCRA) allows state
LIST programs approved by EPA to
operate in lieu of the federal program.
• The state program approval regulations set
criteria for states to obtain the authority to
operate in lieu of the federal program.
Approved state programs must be at least
as stringent as EPA's.
How do states receive program
approval?
EPA's regional offices coordinate the state
program approval process for states and
territories under their jurisdiction. EPA
regional officials work closely with state
officials while state programs are under
development.
Onqe state legislatures enact statutes and
state agencies develop regulations in accord
with EPA requirements and put other
necessary components of a program in place,
states may apply for formal approval. EPA
must respond to applications within 180 days.
A state program is approved if it is judged to
meet three criteria:
• It sets standards for eight performance
criteria that are no less stringent than
federal standards.
• It contains provisions for adequate
enforcement.
• It regulates at least the same USTs as are
regulated under federal standards.
Which states have approved
programs?
The following 23 states have approved
programs: Arkansas, Connecticut, Delaware,
Georgia, Iowa, Kansas, Louisiana, Maine,
Maryland, Massachusetts, Mississippi,
Montana, Nevada, New Hampshire, New
Mexico, North Dakota, Oklahoma, Rhode
Island, South Dakota, Texas, Utah, Vermont,
and Washington.
What are the benefits of state program
approval?
Owners and operators in states that have an
approved UST program do not have to deal
with two sets of statutes and regulations (state
and federal) that may be conflicting. States
take pride in obtaining federal approval of their
programs. Once their programs are approved,
states have the lead role in UST program
enforcement. In states without an approved
program, EPA will work with state officials in
coordinating UST enforcement actions.
Need more information about a
particular state's program?
Contact the EPA regional office or the
UST/LUST program in your state, usually
located in the state environmental department.
Program staff will provide information or
referrals.
UST Program Facts
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Leaking Underground Storage Tank Trust Fund
What is the "LUST" Trust Fund?
Congress created the Leaking Underground
Storage Tank (LUST) Trust Fund in 1986 by
amending Subtitle I of the Resource
Conservation and Recovery Act.
The LUST Trust Fund has two purposes.
First, it provides money for overseeing
corrective action taken by a responsible party,
who is the owner or operator of the leaking
UST. Second, the Trust Fund provides money
for cleanups at UST sites where the owner or
operator is unknown, unwilling, or unable to
respond, or which require emergency action.
What's in the Trust Fund?
The Trust Fund is financed by a 0.1 cent tax
on each gallon of motor fuel sold in the
country. Taxing authority for the Trust Fund
expired on December 31, 1995. As of April
1996, about $1.64 billion had been collected.
Of this amount, Congress has given $595
million to EPA through fiscal year 1996. About
$510 million (or 86 percent of the amount
given to EPA) has been dispersed to state
programs for state officials to use for
administration, oversight, and cleanup work.
The remaining money (about $85 million or 14
percent) has been used by EPA for negotiating
and overseeing cooperative agreements,
implementing programs on Indian lands, and
supporting regional and state offices.
How does the Trust Fund work?
To receive money from the Trust Fund, a state
must enter into a cooperative agreement with
the federal government to spend the money for
its intended purpose. Every state has a
cooperative agreement with EPA for fiscal year
1997.
Trust Fund money is divided among EPA
regional offices based on a formula that uses
state data. In fiscal year 1996, each region
received a base allocation per state plus
additional money depending on the following:
the number of confirmed releases; the number
of notified petroleum tanks; the number of
residents relying on groundwater for drinking
water; and the number of cleanups initiated
and completed as a percent of total confirmed
releases.
How do states use Trust Fund money?
States use Trust Fund money to oversee
corrective action by a responsible party and to
clean up sites where no responsible party can
be found. Only about 4 percent of all cases
have been without a responsible party.
To date, states have used about one-third of
their Trust Fund money for administration, one-
third for oversight and state-lead enforcement
activities, and one-third for cleanups.
How many USTs are leaking?
As of October 1996, EPA, states, and local
agencies have confirmed almost 318,000 UST
releases. Over the next several years, EPA
expects another 100,000 confirmed releases
to be reported, primarily releases discovered
during the replacement or closure of USTs.
After this peak, EPA expects fewer additional
releases as USTs comply with requirements.
UST Program Facts 1 3
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How much do cleanups cost?
Cleanup costs depend on a variety of factors,
including the extent of contamination and state
cleanup standards. The average cleanup is
estimated to cost $125,000.
If only a small amount of soil needs to be
removed or treated, cleanup costs can run as
low as $10,000. However, costs to clean more
extensive soil contamination can reach
$125,000. Corrective action for leaks that
affect groundwater can cost from $100,000 to
over $1 million, depending on the extent of
contamination.
What cleanup activities have taken
place?
As of October 1996, states have used Trust
Fund and state money to:
• Confirm almost 318,000 releases,
• Oversee or conduct more than 9,200
emergency responses,
• Oversee or initiate more than 252,000
cleanups,
• Oversee or complete more than 152,000
cleanups, and
• Oversee or conduct more than 1,074,000
closures.
UST Program Facts
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Brownfields Initiative
What are "brownfields"?
*
Brownfields are abandoned, idled, or
underused industrial and commercial facilities
where expansion or redevelopment is
complicated by real or perceived
environmental contamination. Brownfields can
be located in urban, suburban, and rural areas.
EPA's Brownfields Initiative is an organized
commitment to help communities revitalize
such properties both environmentally and
economically, mitigate potential health risks,
and restore economic vitality to areas where
brownfields exist. EPA's efforts under the
Brownfields Initiative can be grouped into four
broad and overlapping categories:
• Providing grants for brownfields pilot
projects;
• Clarifying liability and cleanup issues;
• Building partnerships and outreach among
federal agencies, states, municipalities, and
communities; and
• Fostering local job development and
training initiatives.
Brownfields and USTs
While much of EPA's current brownfields work
involves Superfurid sites, old or abandoned
gasoline stations and other commercial or
industrial properties with "orphan" USTs may
also be brownfields. Many of the estimated
100,000 to 450,000 brownfields sites in the
U.S. involve USTs. For example, Illinois
estimates that half of the state's brownfields
sites are former UST/LUST sites. EPA's
Office of Underground Storage Tanks (OUST)
is assisting in cleaning up and reusing
commercial and industrial sites with USTs and
working to prevent future UST brownfields.
In a related effort, OUST provided $50,000 to
EPA Region 10 to support a regional
brownfields pilot with the Duwamish Coalition
in Seattle, WA, to develop new methods for
assessing total petroleum hydrocarbon levels
at leaking UST sites.
Regional UST programs also are working with
their states on LUST/Brownfields projects. In
fiscal year 1995, Region 5's UST program
awarded Minnesota $85,000 to conduct a
project in poverty areas of St. Paul and
Minneapolis. The project has two goals: To
expedite the review of cleanup sites which
authorities have identified as having
redevelopment potential, and to identify
additional petroleum release sites in these
areas which have the potential for reuse if
contamination is assessed and development
can proceed. Region 5 is also planning to
provide $50,000 for a brownfields project in
Illinois using the state's new Tiered
Approach to Cleanup Objectives. Illinois and
Region 5 are currently considering a site for
this project.
Reclaiming brownfields having USTs
At the Brownfields '96 Conference held in
Pittsburgh, PA, OUST organized a panel on
"Reusing UST Sites" and participated on a
panel which discussed "RBCA: Introduction to
a Tool for Risk and Cleanup."
OUST continues to encourage the use of
scientifically sound, rapid, and cost-effective
corrective action at leaking UST sites. OUST
sponsored development of a partnership
among the American Society for Testing and
Materials and six major oil companies to train
states and local jurisdictions in implementing a
risk-based approach to corrective action. A
number of organizations participating in the
partnership have chosen UST brownfields
sites as demonstration sites for new
remediation technologies, contributing to
increased cleanups at UST brownfields.
OUST has also developed a booklet on
effectively managing corrective action through
the use of pay-for-performance contracts. The
pay-for-performance approach has the
potential to obtain greater environmental
protection at lower costs.
UST Program Facts 1 5
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Preventing future UST brownfields
Several activities will continue to focus on the
prevention of UST brownfields. OUST
promulgated a lender liability rule which should
encourage lenders to provide loans to UST
owners for upgrading, replacing, or closing
USTs that otherwise would threaten to
contaminate the environment.
OUST is working with regional and state
programs to enforce leak detection
requirements, and with states and industry
groups to inform the entire regulated
community about the 1998 deadline and
regulatory requirements.
In addition, as part of its initiative to involve the
private sector in addressing UST concerns,
OUST is working with representatives of the
banking and real estate industries to raise their
awareness of UST requirements. OUST
anticipates that educating commercial realtors,
lenders, and insurers about USTs can
ultimately result in more sites that comply with
requirements and will be suitable for
redevelopment and reuse.
EPA-510-B-96-007
UST program facts:
implementing federal
requirements...
Publications For Sale
EPA has two publications on corrective action available for a
charge. One is How To Evaluate Alternative Cleanup
Technologies For Underground Storage Tank Sites: A Guide
For Corrective Action Plan Reviewers ($28). The other is
How To Effectively Recover Free Product At Leaking
Underground Storage Tank Sites: A Guide For State
Regulators ($17). Send orders to Superintendent of
Documents, Box 371954, Pittsburgh, PA, 15250-7954 or
phone 202-512-1800.
UST Program Facts 1 6
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Free Publications About UST Requirements
AVAILABLE FREE...You can call EPA's toll-free RCRA/Superfund Hotline at 800 424-9346 and
order up to 30 free copies. Just identify the titles you want. Or you can write and ask for titles by
addressing your request to: NCEPI, Box 42419, Cincinnati, OH 45242. Or you can fax your order to
NCEPI at 513 891 -6685. If you want more than 30 copies, contact Jay Evans at 703 603-7149.
TTTLES
Musts For USTs: A Summary Of The Federal Regulations For Underground Storage Tank Systems
Booklet clearly summarizes federal UST requirements for installation, release detection, spill, overfill, and corrosion
protection, corrective action, closure, reporting and recordkeeping. Updated & revised 1995 (36 pages).
Normas y Procedimientos para T.S.A.
Spanish translation of 1988 edition of Musts For USTs (36 pages).
Straight Talk On Tanks: A Summary Of Leak Detection Methods For Petroleum Underground Storage Tanks
Booklet explains federal regulatory requirements for leak detection and briefly describes allowable leak detection methods.
Updated & revised 1995 (28 pages).
Doing Inventory Control Right: For Underground Storage Tanks
Booklet describes how owners and operators of USTs can use inventory control and periodic tightness testing to meet
federal leak detection requirements. Contains reporting forms (16 pages).
Manual Tank Gauging: For Small Underground Storage Tanks
Booklet provides simple, step-by-step directions for conducting manual tank gauging for tanks 2,000 gallons or smaller.
Contains reporting forms (12 pages).
Introduction To Statistical Inventory Reconciliation: For Underground Storage Tanks
Booklet describes the use of Statistical Inventory Reconciliation (SIR) to meet federal leak detection requirements (12
pages).
Don't Wait Until 1998: Spill, Overfill, And Corrosion Protection For Underground Storage Tanks
Information to help owners and operators of USTs meet the 1998 deadline for compliance with requirements to upgrade,
replace, or close USTs installed before December 1988. Materials available as a 16-page booklet, a tri-fold leaflet, or
Spanish translation of the booklet (No Espere Hasta El 1998!}.
Dollars And Sense: Financial Responsibility Requirements For Underground Storage Tanks
Booklet clearly summarizes the "financial responsibility' required of UST owners and operators by federal UST regulations
(16 pages).
An Overview Of Underground Storage Tank Remediation Options
Fact sheets provide information about technologies that can be used to remediate petroleum contamination in soil and
groundwater (26 pages).
Controlling UST Cleanup Costs
Fact sheet series on the cleanup process include: Hiring a Contractor, Negotiating the Contract, Interpreting the Bill,
Managing the Process, and Understanding Contractor Code Words (10 pages).
Pay-For-Performance Cleanups: Effectively Managing Underground Storage Tank Cleanups
Booklet explores potential advantages of using pay-for-performance cleanup agreements to reduce the cost and time of
cleanups and more effectively manage cleanup resources (32 pages).
Financing Underground Storage Tank Work: Federal And State Assistance Programs
Booklet identifies potential sources of financial assistance to cover the costs of upgrading, replacing, or closing an UST, or
of cleaning up an UST release (30 pages).
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