United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
oEPA
DIRECTIVE NUMBER: 9630.8
TITLE: FY93 STATE UST PROGRAM GRANT GUIDANCE
APPROVAL DATE:
EFFECTIVE DATE:
MAY 2 2 1992
MAY 2 2 1992
ORIGINATING OFFICE: THE OFFICE OF UNDERGROUND
STORAGE TANKS
(3 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
-------
vvEPA
United States
Environmental Protection
Agency
Ottice of
Solid Waste and
Emergency Response
DfRECTIVE NUMBER: 9630.8
TITLE: FY93 STATE UST PROGRAM GRANT GUIDANCE
APPROVAL DATE:
EFFECTIVE DATE:
MAY 2 2 I992_
MAY 2 2 1992
ORIGINATING OFFICE: THE OFFICE OF UNDERGROUND
STORAGE TANKS
(3 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WE ft
r£ DIRECTIVE DIRECTIVE Dl
-------
^_ ^^^^fc A undcO wiAiQS environmental rToiccuon AQcncy
£LU.DA Washington, DC 20460
isycrM OSWER Directive Initiation Request
2. Originator Information
Name of Contact Person
KAREN ELLENBERGER
Mail Code Office
OS-400 WF OS
WER/OUST
1. Directive Number
9630.8
Telephone Code
308-8862
3. Title
FY 93 State UST Program Grant Guidance
4. Summary of Directive (include brief statement of purpose)
Provides the criteria and procedures for allocation of UST grant funds for
implementation of State Underground Stor-age Tank Program activities for
FY-93.
5. Keywords
Underground Storage Tanks, grant, tasks, state program approval, Leak Detection
6a. Does This Directive Supersede Previous Directive(s)?
No
b. Does It Supplement Previous Direct
7. Draft Level
A - Signed by AA/DAA
ttve(s)?
JQ£No
X B - Signed by Office Director
KX Yes What directive (number, title)
9630.7 - FY
Program Grai
Yes What directive
92 State UST
it Guidance
(number, title)
C - For Review & Comment D - In Development
8. Document to be distributed to States by H
eadquarters?
1 V5T 1
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office DirectivesTCoordinatOi__ /i
^Q/t^uc^-j u i \\JpLsfW-4^>
Beverly D. Thomas /
10. Name and Title of Approving Official /, ,
i^j ^J^ . .__/'
f&avid W. Ziegele, Director, OUST C/)t'00i £/\U,'U^
Date / /
trf) 1 /97
°/^' / 7
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OSWER DIRECTIVE 9630.8
FY 1993 STATE UST PROGRAM GRANT GUIDANCE
I. PURPOSE OF GRANT GUIDANCE
This guidance provides the criteria and procedures for allocation of grant funds for
State Underground Storage Tank (UST) program activities in FY 93. As a supplement to the
grant regulations under 40 CFR Sections 31 and 35, this guidance is to be used in developing
and reviewing grant applications, awarding grants, and monitoring grant activities. Regional
offices are responsible for negotiating grant agreements with States in accordance with
national guidance adapted to individual State situations in order to stimulate and assist State
program development and implementation, monitor progress, and evaluate grant fund
expenditures.
Additional implementation guidance may be found in: 1) "FY 1993 Agency Operating
Guidance" (EPA, April 1992), 2) the OSWER Directive 9610.5 -"FY 1989 - FY 1990
Transition Strategy for the UST Program," 3) OSWER Directive 9610.5-1 "Transition Tasks
List," and 4) the "Policy on Performance-Based Assistance" (EPA 1985).
II. PURPOSE OF STATE UST PROGRAM GRANTS
The purpose of the UST grant program is to assist States in developing and
implementing effective State-run UST regulatory programs for the prevention, detection, and
correction of leaking underground storage tanks containing petroleum and hazardous
substances. ,
It should be noted that Congress intended that Federal grant funds in the UST
program be used as "seed" money to assist States with the development of State programs.
Many States have already developed or are developing mechanisms; e.g., tank fees, gas
taxes, etc., to provide a consistent State funding base for their prevention programs.
In addition to State program grants, EPA has and continues to develop a variety of
implementation tools for use by States, and is developing a forum for States to share
information and experience concerning UST programs. EPA is also providing Leaking
Underground Storage Tanks (LUST) Trust Fund monies to States to assist in cleaning up
contamination caused by leaking tanks. Under the LUST Trust Fund Cooperative Agreement
Guidelines States are expected to make reasonable progress during FY 92 toward submitting
a completed application to EPA for approval of their UST prevention, corrective action, and
financial responsibility programs under Section 9004 of RCRA. A State's success in
receiving State Program Approval will be rewarded with carryover funds from the LUST
Trust Fund during FY 93.
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OSWER DIRECTIVE 9630.8
The solution to the problem of leaking USTs is for States to implement prevention
programs which, over time, will result in a drastic reduction in the number of leaking USTs.
Thus, the emphasis of EPA's program implementation is on the long term, and the transition
period will be characterized by the continuing growth of a national UST program realized
through the building of State and local programs. It is EPA's objective to focus Federal
resources and efforts on improving existing programs and facilitating the development of
new State programs. In FY 92 additional phased-in regulatory requirements took effect.
EPA will work in tandem with States to improve performance, streamline procedures, and
promote Total Quality Management in specific program areas such as enforcement,
inspections, site assessments, and corrective actions.
HI. FY 93 NATIONAL PRIORITIES AND FUNDABLE TASKS
The highest priority goals for the coming year are to: (1) approve State UST
regulatory programs; (2) focus compliance and enforcement on leak detection requirements;
and (3) streamline administrative procedures and improve the quality and timeliness of
corrective actions.
We recognize that accomplishments of the streamlining corrective action goal will be
primarily addressed under the LUST Trust Fund cooperative agreements. Corrective action
quality improvement is an eligible activity under the UST grant, but it is not addressed
specifically in this UST guidance. Nevertheless, corrective action quality improvement
activities are in concert with the preventation program activities and will augment the
growth and effectiveness of State UST prevention programs.
It is expected that other efforts in the area of pollution prevention will be
highlighted as the leak detection phase-in schedule is completed. These areas will be
identified and strategies for their implementation will be developed in a process of long-term
program planning that has already been initiated. Future grant guidance will contain
information necessary for the implementation of the pollution prevention priority areas at the
State level.
*
The national program supports efforts on the State level to integrate the State
groundwater protection strategy with UST prevention program activities. The primary goal
of this plan is to avoid duplication of effort and identify common information needs.
Listed on pages 3 and 4 are the fundable priority tasks for FY 93 UST grants.
In general, the priority tasks have not been changed from the FY 92 UST Program Grant
Guidance. EPA recognizes that completion of these tasks is a process requiring a multi-
year effort. For each task, specific outputs for individual States will be determined by
negotiations between the States and the EPA Regional Office, taking into account the nature
and extent of program needs in that State and the national priorities. (Also, the activities
listed after each of the priority UST grant tasks are suggested activities; they are not
specifically required to be met in order to accomplish the priority task. Required activities
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OSWER DIRECTIVE 9630.8
are those actually negotiated between an EPA Region and State.)
States do not have to conduct activities in all four fundable task categories, although
this approach is encouraged. On the other hand, a State should not exclusively be doing
activities under, Tasks 2 and 3, for example, if it has not been conducting activities under
Tasks 1 or 4. It is anticipated that much of the work under Task 1, State Program
development, would have been completed during FY 91 and FY 92 and the focus of
activities during FY 93 will be on the remaining three tasks.
EPA expects that each State will engage in compliance and enforcement activities,
particularly those activities concerning leak detection compliance and enforcement. Regions
may choose to focus on Region-specific environmental priorities as well. (For example, the
Chesapeake Bay Area, Northwest Indiana, and the Merrimack River are priority areas.)
Priority Tasks
Task 1: STATE PROGRAM DEVELOPMENT
o Develop/revise State authorities and regulations for the State UST
program in order to meet Federal standards.
o Investigate/develop mechanisms to fund State program operations.
o Apply for a State UST program grant for FY 94.
o Develop State authorities and procedures for an adequate compliance
monitoring and enforcement program.
o Maintain an on-going tank notification program and capability to report
aggregate data derived from the notification requirements to EPA on an
annual basis, unless requested less frequently.
o Secure technical assistance and training for State and local personnel
for UST program implementation.
o Investigate/initiate development of a State fund to help
owners/operators meet financial responsibility requirements.
Task 2: PROGRAM APPROVAL APPLICATION
o Develop draft and/or final application for State program approval, and
submit to the EPA Regional Office.
Task 3: COMPLIANCE MONITORING AND ENFORCEMENT
o Focus on leak detection compliance and enforcement.
o Identify, investigate and resolve violations of the Federal regulations.
o Operate and enforce existing State UST programs.
o Conduct transition tasks as specified in OSWER
Directive 9610.5-1.
o Initiate development of a field citation program.
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OSWER DIRECTIVE 9630.8
Task 4: OUTREACH EFFORTS TO PROMOTE COMPLIANCE
o Promote compliance with Federal and State requirements through
outreach efforts designed to disseminate regulatory and technical
information to local governments and the regulated community.
o Suggested priority areas include information on standards for leak
detection.
IV. ALLOCATION OF STATE GRANT FUNDS
We expect the total FY 93 State grant allocation to be $9 million. (This figure is
based on the President's budget currently being considered by Congress.)
The grant funds will be allocated to the Regions at the rate of $162.5 thousand per
State (plus Puerto Rico and the District of Columbia) and $137.5 thousand for the Virgin
Islands and Pacific Trust Territories. Regions have the ability to move funds among their
States and territories.
Regional Allotments for FY 93 State UST Program Grants
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
Region 7
Region 8
Region 9
Region 10
Total
$975k
625k
975k
1300k
975k
812.5k
650k
975k
1062.5k
650k
$9000k
V. STATE MATCH
FY 93 State UST program grants will require a minimum of 25 % grant match from
the States. Of course, the State match may include in-kind contributions. States are
encouraged to provide information on the size of their commitment of total resources to
the program, even when this exceeds 25%.
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OSWER DIRECTIVE 9630.8
VL GRANT ADMINISTRATION
Grant Application
The State or Region may initiate the grant process. A State may submit a draft grant
application to the Region, or the Region may provide a draft work plan to its States for
consideration.
Grant Negotiations
Specific activities funded under each State's grant work plan will be determined
through negotiations with the Region. In accordance with the Agency's policy on
performance-based grants, each State will be expected to make specific task commitments
as part of its grant agreement. Commitments should reflect the priorities stated in this
guidance. In addition, for each major task funded, the grant agreement must identify
the resources (dollars and FTEs) associated with that task, together with quarterly work
commitments.
Designated State agencies may enter into intergovernmental agreements with substate
or local government agencies and thereby provide funds for the performance of specific tasks
(40 CFR Section 31.36). The designated State agency retains the ultimate responsibility for
ensuring that such funds are expended properly, in accordance with Federal requirements.
Substate agencies that intend to contract out for services must comply with applicable
procurement requirements (40 CFR Part 31).
Grant Awards %
All available grant funds should be obligated to the State in FY 93. States
should make every effort to use grant monies during the allotted period. Otherwise, FY 92
carryover may be awarded at the Regional Administrator's discretion to be used for other
high priority UST activities.
UST program grant funds may only be used for eligible activities, e.g., those
which are: (1) necessary to develop and implement an approvable State UST program, and
(2) activities which are allowable for funding (see OMB circular A-87 and CFR 31.22). •
When a State does not seek program approval, the Regional Administrator may use
funds not awarded or committed to that State to supplement awards to other States or to
support a Federal program conducted in the absence of an acceptable State program.
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OSWER DIRECTIVE 9630.8
Suggested Grant Award Schedule for FY 93 (May vary by Region)
April-June Develop draft FY 93 grant applications (Regions and States)
July Regions begin grant negotiations with States
August States submit final grant applications
By Sept. 30 Regions have processed grant up to point of award
October Regions begin to award grants
Grant Oversight
In accordance with Agency policy, the Region must conduct at least one on-site
review. Regions should plan a mid-year and/or end-of-year review with each State, and
forward to OUST/HQ a copy of each State's performance evaluation final report. Regions
may arrange with States for more frequent reviews.
The comprehensive program review for each State should discuss progress toward
completion of funded tasks. Reviews should identify:
1. areas of success including approaches that could be shared with other States;
2. areas for improvement in the UST program;
3. areas where EPA assistance could be helpful, including a plan for action;
4. areas where EPA or other Federal agencies are a barrier or create problems
for the State program, creating a need for EPA to address such areas.
Copies of all State program evaluation reports and end-of-year grant reports should be
sent to Dana Tulis, Acting Chief, Operations Branch, OUST, within 30 days of completion
of the report. «
State Reporting Requirements and Schedule
All states are to report in a timely and accurate fashion the data needed for the quarterly
activities report and the STARS report for the EPA UST program. Regions must negotiate with
States information needed for all required reporting, with particular attention to: (1) States
submitting complete applications for State Program Approval G-l, (2) States with approved
programs G-2, (3) UST Closures G-4; (4) ; and (5) State leak detection compliance reporting LD
1-5 (see attachments). Regions will need to relay this data to OUST/HQ within 10 working
days of the end of each fiscal quarter. Regions and States may develop reporting schedules that
allow them to meet these deadlines. Regions shall request that States report annually, unless
requested less frequently, on aggregate data from their notification data systems. Please note,
that in the future, we may be asking for data concerning total tank and hazardous substance tank
universe.
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OSWER DIRECTIVE 9630.8
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF UNDERGROUND STORAGE TANKS
FY 93 STARS REPORT
State
Region
Quarter
OUST
G-1
G-2
G-4
TF-1
TF-2
TF-3
TF-3
TF-3
TF-4
TF-4
TF-4
STARS
UST-1A
UST-1B
UST-2A1
UST-2A2
UST-2A3
UST-2B1
UST-2B2
UST-2B3
Description
States submitting complete
applications for State program
approval.
Number of States with
authorized programs.
Number of closed tanks.
Number of reported
confirmed releases.
Number of emergency
responses taken.
LUST cleanups initiated:
petroleum, Responsible Party
lead.
LUST cleanups initiated:
petroleum, State lead with TF
money.
LUST cleanups initiated:
petroleum, State lead with
State money.
Tank releases under control:
petroleum, Responsible Party
lead.
Tank releases under control:
petroleum, State lead with TF
money.
Tank releases under control:
petroleum, State lead with
State money
Cumulative
last quarter
<
Actions this
quarter
Corrections
to previous
data
Cumulative
total
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OSWER DIRECTIVE 9630.8
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF UNDERGROUND STORAGE TANKS
FY 93 STARS REPORT
State
Region
Quarter
OUST
TF-5
TF-5
TF-5
TF-6
STARS
UST-2C1
UST-2C2
UST-2C3
Description
Site deanups completed:
petroleum, Responsible party
lead.
Site deanups completed:
petroleum, State lead with TF
money.
Site deanups completed:
petroleum, State lead with
State money.
Sites with enforcement
actions.
Cumulative
last quarter
Actions this
quarter
Corrections
to previous
data
Cumulative
total
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