U.S. Environmental Protection Agency
Office of Underground Storage Tanks
www.epa.gov/oust
FY 2007 Annual Report On The Underground Storage Tank Program
For nearly a quarter of a century, EPA, states, tribes, and other partners have made significant progress in
preventing, detecting, and cleaning up petroleum leaks from underground storage tanks (USTs). In Fiscal Year
(FY) 2007, EPA's LIST program continued these efforts by increasing prevention activities, reducing the number of
new releases, and furthering the cleanup of existing releases. The program not only exceeded most of its
established goals for the fiscal year but also met numerous deadlines for improving prevention efforts as mandated
by the Energy Policy Act of 2005. This Act gave the program new tools to prevent releases, such as increasing
inspections, improving and updating tank systems, conducting owner and operator training, and prohibiting the
delivery of fuel to non-compliant gas stations.
This report provides a snapshot of program activities conducted in
FY 2007 (October 1, 2006 - September 30, 2007) and the advances made
in preventing releases, conducting cleanups, and enhancing
communication and information sharing efforts. The success and progress
of the program during the past year are due to the support and dedication
of EPA's partners to further protect human health and the environment
from LIST releases.
Contents
Preventing Releases 2-3
Cleaning Up Releases 4-5
Enhancing Communication
And Information Sharing 6
Looking Ahead 7
FY 2007 UST Program Highlights
As of the end of FY 2007, there were approximately 630,000
federally-regulated active USTs at approximately 240,000 sites
across the country. Almost two-thirds of the sites are fully complying
with requirements to prevent and detect leaks, and an average of
about 9,000 new leaks are found each year. In addition, 77 percent
of all reported leaks have been addressed, leaving a backlog of
nearly 110,000 old leaks that have not yet been cleaned up. Finally,
there are an unknown number of petroleum brownfields sites
(estimated to be at least over 200,000) that are predominately old
abandoned gas stations.
Annually, the UST prevention and cleanup programs receive
about $100 million to prevent, detect, and clean up leaks from
federally-regulated USTs. The vast majority of that funding is
provided directly to states and tribes to implement their prevention
and cleanup programs. The UST program has accomplished a
great deal; in FY 2007, we:
V Increased inspection efforts and met the two-year inspection
mandate in the Energy Policy Act;
V Exceeded the annual goal for cleaning up leaking UST (LUST)
sites;
V Reduced the number of new UST releases;
V Issued several Energy Policy Act grant guidelines;
V Submitted a report to Congress on the UST program in
Indian country;
V Improved access to information on USTs with the development
of new Web areas; and
V Began a characterization study of the LUST cleanup backlog to
improve the pace of cleanups.
FY 2007 GPRA*
National UST Program
Goals And Accomplishments
Goal Actual
Cleanups — Total
Cleanups — Indian Country
Significant Operational
Compliance Rate
New Reported Releases
13,000
30
67%
<10,000
13,862
54
63%
7,570
"Government Performance Results Act of 1993
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Advances In Preventing Releases
Since the beginning of the LIST program, preventing petroleum releases into the environment has been one of
the primary goals of the program. Major progress has been made in reducing the number of new releases, but
thousands of new leaks are still discovered each year. The lack of proper operation and maintenance of LIST
systems is a main cause of these new releases, and EPA is working with states, tribes, and other partners to
advance efforts in preventing releases and detecting them more quickly when they occur.
In recent years, these efforts have been enhanced by the new release prevention requirements mandated in the
Energy Policy Act of 2005. To address these mandates, EPA produced several grant guidelines to help states carry
out the requirements. Some of the states already have requirements in place that meet the new requirements, and
other states are working to implement the provisions in the upcoming years. EPA continues to work with states and
tribes to prevent LIST releases and meet the mandates initiated with the Energy Policy Act.
UST Universe
End Of FY 2007
States
Indian Country
Active Tanks:
Closed Tanks:
Active Tanks:
Closed Tanks:
627,201
1,666,884
2,665
5,537
Reducing Confirmed Releases
In FY 2007, EPA, states, and tribes focused on
bringing UST systems into compliance and keeping
them in compliance with release detection and
prevention requirements. One way the program
assesses the relative success of these prevention
efforts is to measure the number of confirmed
releases each year.
In the Agency's 2006-2011 strategic plan, EPA
set a goal of fewer than 10,000 confirmed releases
each year. In FY 2007, there were 7,570 confirmed
releases. Between FY 1999 and FY2007,
confirmed releases averaged 9,052 a year.
Working To Increase UST Facility Compliance
One of the key elements in preventing releases is to
increase a facility's operational compliance with UST
regulations. Significant operational compliance (SOC)
means that a facility has the necessary equipment
required by current UST regulations to prevent and
detect releases and performs the necessary UST
system operation and maintenance. In FY2007, the
SOC rates across the country were:
National SOC Rate: 63%
Indian Country SOC Rate: 46%
Although the SOC rates were below our target, the
numbers reflect an increased effort to inspect
previously uninspected and non-compliant facilities.
In FY 2007, EPA provided $1.8 million for the
UST prevention program in Indian country;
the Agency provided $30.7 million to states
for UST prevention activities.
Preventing Releases In Indian Country
Tribes and EPA worked to improve UST compliance
in Indian country in FY2007 by enhancing inspection
efforts, developing additional compliance-focused
assistance agreements with tribes, and providing
training to tribal environmental professionals and facility
owners and operators.
In addition, the first annual national Tribal/EPA
meeting was held in May 2007 that helped identify
tribal issues, build collaboration, and work towards
continued partnerships and improvements in the UST
program in Indian country.
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Energy Policy Act: Transforming The LIST Program Through A Focus On Leak Prevention
The Energy Policy Act of 2005 contains numerous provisions that significantly affect federal and state LIST
programs. The Act requires that EPA and states strengthen tank release prevention programs through the following
activities:
V Mandatory inspections of all USTs every three years.
V Development and implementation of owner/operator training.
V Prohibition of product delivery at non-complying facilities.
V Secondary containment of a tank or financial responsibility for tank manufacturers and installers.
V State compliance reports on government-owned USTs.
V Requirements for posting and maintaining a public record of USTs.
In FY 2007, EPA issued a series of grant guidelines
to help states incorporate these new requirements. States receiving
federal UST program funding are required to meet the grant guideline
conditions. EPA has been actively working with states to monitor
and assist them in meeting the mandates of the Energy Policy Act. This
included holding stakeholder meetings between EPA, states, and
other entities, such as the Association of State and Territorial Solid
Waste Management Officials (ASTSWMO), to identify issues of concern
and answer questions regarding the requirements a state must meet to
comply with the Agency's grant guidelines.
This UST does not have a current certificate.
Any delivery violates T.CA 68-215-106lc)l2)
Delivery can result in a fine up 10 510,000,
T.CA 68-215-121
Unauthorized taj removal is a Class C
misdemeanor.
Contact the Division ot UST Bt.(8J5l 532-"""
Enhancing UST Inspection Efforts
Inspecting USTs has always been a priority in the tanks program, but in 2007 the new inspection requirements of
the Energy Policy Act brought greater program oversight to this effort. The Act mandated that all USTs not inspected
since 1998 be inspected by August 8, 2007. This requirement was successfully completed by EPA and all states.
EPA, states, and tribes are now working to meet the other mandate of the Act, to inspect every UST in the country
once every three years. There are about 240,000 active facilities that need to be inspected for this three-year cycle,
and in FY 2007 approximately 100,000 facilities were inspected. The first three-year cycle will end in August 2010.
The majority of states are on track to meet this requirement, and EPA is working with remaining states to identify
collaborative ways to meet the deadline.
Developing Federal Credentials For Tribal Inspectors
Designating tribal inspectors as authorized representatives of EPA to
inspect USTs can help increase the geographic coverage and frequency
of inspections in Indian country. It also helps enhance relationships and
increase the capabilities of tribal inspectors.
In FY 2007, EPA Regions 4 and 10 issued the first federal credentials
to inspectors of the Eastern Band of the Cherokee Nation and the
Shoshone-Bannock Tribes, respectively. With federal credentials, these
individuals can conduct federal UST inspections at their tribal facilities
and potentially other facilities. EPA will continue to work with Regional
counterparts and with tribes to train other tribal inspectors and issue
additional credentials.
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Over the past quarter of a century, the LIST program has made great progress in cleaning up leaking underground
storage tanks. EPA works with states and tribes to clean up LUST sites, promote innovative approaches in corrective
action to streamline the remediation process, and address the hurdles in reducing the backlog of cleanups not yet
completed.
In FY 2007, EPA and its state and tribal partners continued to make progress in cleaning up petroleum leaks by
initiating 11,309 cleanups and completing 13,862 cleanups, of which 54 cleanups were completed in Indian country. The
cleanup backlog, which is the difference between the cumulative number of confirmed releases and cleanups completed,
also continued to decline from 162,977 sites a decade ago to 108,766 sites as reported at the end of FY 2007.
LUST National Backlog:
FY 1997 Thru End-of-Year FY 2007
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Launching A Backlog Initiative
Although great progress has been made historically in cleaning up LUST sites, the rate of progress has slowed
and the number of cleanups being completed each year is declining. Since 2000, the number of cleanups completed
has dropped from a high of 20,834 in 2000 to 13,862 in 2007. While the program has met our national goal in each of
the last three fiscal years, continuing to clean up sites at the current pace is getting more difficult.
As a result, in FY 2007 EPA began collecting and analyzing additional data to more accurately characterize the
cleanup backlog. This will help EPA better understand the reasons for the decline in cleanups and develop strategies
for slowing, if not reversing, this trend. The first phase of this effort is completed, and we now know that:
• About two-thirds of the national backlog is located in 10 states;
• More than half (54 percent) of all backlog sites are
over 10 years old, and about half have groundwater
contamination;
• Many backlog sites only have soil contamination,
and about 40 percent of these have been in the
backlog for more than 10 years; and
• Many backlog sites are either owned by or affiliated
with a few brand name companies.
Although the information collected during this first phase
was limited, it does begin to give us a more complete
understanding of the reasons for the decline in cleanups,
which will help focus future efforts. Phase 2 of this initiative,
which involves working with states to further characterize
the backlog, will be implemented in FY2008.
Actual LUST Cleanups Completed Since FY2000
25,000
2000 2001 2002 2003 2004 2005 2006 2007
Fiscal Year
Revitalizing Abandoned Gas Stations
There are more than 450,000 brownfields across the U.S., of
which about 200,000 are estimated to be impacted by petroleum.
Many of these sites are old abandoned gas stations that blight the
environmental and economic health of surrounding neighborhoods.
EPA awards grants to local areas, states, tribes, and organizations to
assess and clean up these petroleum brownfields.
In 2007, EPA provided approximately $22.4 million in grants to 110
local communities to clean up and assess petroleum brownfields
sites. Part of those grant dollars were revolving loans to enable
states, local communities, and tribes to make low interest payments
to carry out cleanup activities at brownfields properties. The list of the
communities receiving these grants is grouped by EPA Region and is
available at: www.epa.gov/oust/rags/pbgrants.htm.
In addition, in FY 2007 EPA began an initiative to develop a
petroleum brownfields strategy and work with interested stakeholders
to improve efforts for reusing old gas stations and other petroleum-
affected properties. This activity will continue to move forward in
FY2008.
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Enhancina Communication And Information Sharin
Through communication and information sharing, EPA and its partners have made great improvements in the LIST
program in recent years. To enhance these collaborative efforts, EPA actively reviews and revises LIST program
communication methods to ensure the Agency is effectively sharing vital program information.
In FY2007, EPA's LIST program enhanced communication and information sharing efforts by expanding current
Web areas to include new information, developing and distributing a report to Congress on the program in Indian
country, and enhancing program oversight. In addition, EPA and its partners held the 19th National Tanks Conference
in March 2007. The conference provided the LIST community with a wealth of learning and networking opportunities
that will help us better work together to protect human health and the environment from LIST releases.
Launching New OUST Web Areas
State Delivery Prohibition Web Area
www.epa.gov/oust/dp
This Web area helps petroleum and hazardous
substance delivery companies determine whether an
LIST is eligible for product delivery. The area
provides links to applicable state and territory laws,
regulations, and policies related to delivery
prohibition.
Tribal Web Area
www.epa.gov/oust/tribes
In response to a need to share more information
with tribes, EPA launched a tribal LIST Web area that
provides information regarding training, funding,
publications, and regulations.
To keep the public informed, EPA posts
mid- and end-of-year activity reports that
provide information on compliance, releases,
and cleanups across the country. The FY 2007
end-of-year activity report is available at:
www.epa.gov/oust/cat/camarchv.htm
Reporting To Congress
In response to a mandate in
the Energy Policy Act, EPA
developed a Report To
Congress On The UST Program
In Indian Country. This
document was submitted to
Congress in August 2007, and
copies were distributed to every
federally-recognized tribe.
The report fulfills the Congressional mandate,
communicates key program issues and activities to
interested stakeholders, and serves as a useful
reference tool on the UST tribal program.
A copy of the report is available at:
www.epa.gov/oust/fedlaws/fi nal_trtc.htm
Enhancing State Program Oversight
In FY 2007, EPA enhanced its program oversight by
working more closely with states to improve their tank
programs. This includes:
• Continuing to enhance EPA's oversight of state
funds to monitor soundness and working with
states to improve fund soundness.
• Overseeing state cleanup and compliance
measures to ensure they meet reporting
standards.
In addition, EPA began to focus oversight efforts on
states with SOC rates below the national average and
backlog percentages above the national average. In FY
2007, 24 states and territories (out of 56) had SOC
rates below the national average, and 26 had cleanup
backlogs greater than the national average. In
upcoming years, EPA will work to develop state-specific
strategies to increase compliance rates and reduce
cleanup backlogs.
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Lookina Ahead
FY 2007 was a year of advancement and achievement. We exceeded most of our goals and made significant
progress in advancing prevention and cleanup efforts while also expanding communication and information sharing.
Challenges remain, though, as there is still much work to be done to prevent releases and to clean up contaminated
sites. In upcoming years, EPA will focus on the traditional goals of the program—preventing and cleaning up releases—
and will also:
• Work with states to meet the mandates and deadlines of the Energy Policy Act of 2005.
• Work with tribes to continue implementing the tribal strategy.
• Ensure that each LIST facility in the country is inspected once every three years.
• Explore better ways to identify compliance and cleanup challenges and to pinpoint solutions.
• Develop strategies to help revitalize communities and clean up abandoned gas station sites.
• Address technical and regulatory issues involved with alternative fuels.
• Begin the process to update our regulations.
EPA looks forward to increasing collaboration and working with state, tribal, and other LIST partners to achieve further
progress in the tanks program in order to better protect human health and the environment from petroleum releases.
Addressing Alternative Fuels
The increasing production and use of alternative fuels,
such as ethanol and biodiesel, pose significant technical and
regulatory issues. On the technical side, the LIST
components such as tanks, piping, linings, and seals may be
suitable for storing petroleum but may degrade or corrode
when alcohol or biodiesel are present. Ethanol may also
complicate cleanups of spills into surface water or leaks into
groundwater by changing the behavior and migration of the
plume. When stored in an LIST, these alternative fuels must
be compatible with the LIST system.
EPA will continue efforts to actively address questions
associated with alternative fuels and USTs. In the upcoming
months, EPA will add a biofuels compendium on its Web
site. Please checkwww.epa.gov/oust for updates.
Developing Regulations
The leak prevention requirements in the
Energy Policy Act of 2005 are statutorily
required only for states receiving federal LIST
program funding. EPA is in the initial planning
stages to develop federal regulations that will
incorporate the new Energy Policy Act
requirements, ensure a safety net, and examine
the existing regulations.
As this process unfolds, EPA will work closely
with states, tribes, and other stakeholders to
ensure they are included at the appropriate
stages in the process.
Implementing The Tribal Strategy
To further enhance relationships with tribal partners and
improve the LIST program in Indian country, EPA worked
with tribes in 2006 to develop a strategy to strengthen
communication and further the goals of the LIST program in
Indian country. The strategy provides a framework for EPA
and tribes to work together and includes objectives for
enhanced LIST program activities.
In upcoming years, EPA will continue to work with tribal
partners to implement the strategy by building collaboration
with tribes and working to improve LIST compliance and
cleanup efforts in Indian country.
The EPA/Tribal strategy is available at:
www.epa.gov/oust/fedlaws/final_ts.htm
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EPA-510-R-08-001, April 2008
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Underground Storage Tanks
For further information please contact:
U.S. EPA/OUST
1200 Pennsylvania Avenue, N.W.
Mail Code: 5401P
Washington, DC 20460
Phone: 703-603-9900
Fax: 703-603-0175
www.epa.gov/oust
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