United States	Office of Underground
Environmental Protection	Storage Tanks
Agency	Washington, D.C. 20460	March 1987
SEPA THE trust fund for leaking
UNDERGROUND STORAGE TANKS
~	Facts and Figures
~	The Fund Before and After Regulations
A FUND TO CLEAN UP PETROLEUM
LEAKS
There are approximately 1.4 million underground
tanks in the United States that store petroleum
products and are subject to regulation by the
Environmental Protection Agency (EPA). These
tanks are located throughout the country, mainly
at gas stations and other retailers of petroleum
products. Thousands are leaking dangerous
contaminants into the soil and groundwater and, in
some cases, into drinking water supplies.
In 1986, Congress amended the Resource
Conservation and Recovery Act (RCRA) to provide
Federal funds to clean up petroleum leaks and
spills from underground storage tanks (USTs).
The funds will strengthen current cleanup and
enforcement efforts of many States and localities.
This fact sheet summarizes the main features of
the Leaking UST Trust Fund and outlines EPA's
plans to administer the Fund.
MOTOR FUEL TAXES WILL GENERATE
$500 MILLION
The UST Trjst Fund is being financed by a tax of
1/10 of one cent per gallon on motor fuels, which
will raise $500 million over the next five years.
The RCRA amendments, enacted in October 1986,
authorized EPA to clean up petroleum leaks and
spills from USTs with Trust Fund money and also
make funds available to States for cleanups. EPA,
in fact, intends to make the majority of Trust Fund
dollars available to States. In Spring 1987, EPA
will begin distributing money to States that develop
acceptable olans for using the Fund.
STATES' ROLE WILL BE KEY
generally closer to the scene and know more
about tanks in their States and about local site
conditions than Federal officials. EPA is
encouraging States to enter into cooperative
agreements which will specify how the States will
use the funds. Once entered into, these
agreements will enable States to tap the Trust
Fund immediately.
EPA AND STATES CAN ORDER, AS WELL
AS CONDUCT, CLEANUPS
When a petroleum leak or spill is discovered, EPA
and States will not always use the Trust Fund to
conduct the cleanup. In most instances, they will
order the tank owner or operator to undertake the
cleanup. EPA plans to respond directly only to
leaks that pose an immediate danger. The intent
of Congress is that tank owners or operators pay
for cleanups.
EPA and States may compel the tank owners and
operators to undertake, or pay for, any of the
following actions:
•	Test tanks for suspected leaks;
•	Excavate a site to investigate the extent of
contamination;
•	Assess how many individuals may have been
exposed to petroleum contaminants and the
seriousness of the exposure;
•	Clean up contaminated soil and water;
•	Provide safe drinking water to residents whose
supplies have been contaminated by a tank
leak; and
States are expected to play a key role in Trust
Fund cleanups because State officials are
If necessary, relocate residents temporarily or
permanently.

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TANK OWNERS, OPERATORS MUST
SHOW "FINANCIAL RESPONSIBILITY"
In establishing the Trust Fund, Congress also
asked EPA to require that tank owners and
operators be able to prove to inspectors that they
are "financially responsible." This means that
they must be able to pay for cleanups and, if
necessary, compensate people or businesses for
damages they suffered because of the leaks.
These cleanups and damages can be very
expensive. Congress, therefore, set minimum
coverage for "financial responsibility" at $1 million
per occurrence for tanks at facilities that produce,
refine, or market petroleum. If necessary, EPA
can suspend enforcement of "financial
responsibility" requirements temporarily. This
might occur, for example, if insurance and other
types of financial assurance were not available to
certain groups of tank owners.
EPA expects to issue financial responsibility
regulations in 1988, after soliciting comments from
industry and the public. These regulations will
specify: 1) the amounts of insurance that owners
and operators must have, 2) how to prove
"financial responsibility" and 3) the types of
insurance or guarantees that they will be permitted
to use.
EPA intends to issue additional regulations
pertaining to USTs. These are summarized under
the heading "Other Aspects of EFA's Program to
Control Tank Releases."
FUNDS WILL BE AVAILABLE !N 1987;
RULES CHANGE IN 1988
In 1937, EPA plans to solicit applications from
States that want to enter into cooperative
agreements to gain access to Trust Fund money.
Because authority to use the Fund will change
after EPA's UST regulations take effect, currently
scheduled for 1988, a before-and-after
comparison is included with this fact sheet. (See
"The Fund Before and After Regulations,") In
summary, after the regulations go into effect, EPA
expects the Trust Fund to be used primarily for
emergencies and cleanups in which:
•	Costs exceed the amount of coverage that
tank owners and operators are required to
maintain, and Fund expenditures are necessary
to assure an effective corrective action:
•	A solvent owner or operator cannot be found:
or
• The owner or operator fails to comply with a
cleanup order.
Tank owners and operators will be liable to EPA or
the State for the costs incurred in cleaning up
leaks or spills from their tanks. EPA or the State
can take action against the owner or operator to
recover these costs.
After the UST regulations go into effect, States will
be required to pay 10 percent of the costs of
cleanup actions paid for with Trust Fund money.
TO LEARN MORE ABOUT THE TRUST
FUND
A question-and-answer document is available. It
provides further details. You can also call the EPA
Hotline, 800-424-9346 (in Washington, D.C.,
382-3000), or call or write to the UST Coordinator
in your EPA Region. (See attached list.)
OTHER ASPECTS OF EPA'S PROGRAM TO
CONTROL TANK RELEASES
Congress has given EPA several means of
addressing petroleum releases from USTs.
Besides administering the UST Trust Fund and
issuing financial responsibility regulations, EPA
plans to propose the following in 1987:
•	Technical standards for new tanks:
•	Regulations for new and existing tanks, which
will cover:
o Cleanup actions:
o Reporting and recordkeeping:
o Leak detection;
o Tank closure; and
o Overfill protection; and
•	State program approval regulations.
Final rules are scheduled to be published in 1988.
The EPA Office of Underground Storage Tanks
(OUST) has been established to develop and
manage the leak prevention and cleanup
programs. In addition, EPA has appointed UST
Coordinators in each of the Agency's 10 Regions
to implement the program and to negotiate
cooperative agreements with States. Names,
addresses, and telephone numbers of Regional
UST Coordinators are listed on the accompanying
page.

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How Can You Get More Information?
You can call the RCRA/Superfund Hotline (1-800-424-9346) or contact one of the EPA Regional UST
Program Managers listed below.
EPA Regional UST Program Managers
William Torrey
Mike Williams
Chet McLaughlin
Eric Yunker
U.S. EPA, Region 1
U.S. EPA, Region 4
U.S. EPA, Region 7
U.S. EPA, Region 9
JFK Federal BWg.
345 Courtland St., N.E.
RCRA Branch
215 Fremont St.
Mailcode: HPU-1
Mailcode: 4WM-GP
726 Minnesota Ave.
Mailcode: T-2-7
Boston, MA 02203-2211
Atlanta, GA 30365
Kansas City, KS 66101
San Francisco, CA 94105
617-573-9604
404-347-3866
913-236-2852
415-974-8160
FTS 833-1604. „
FTS 257-3866
FTS 757-2852
FTS 454-8160
Thomas Taccone
Gerald Phillips "
Debbie Ehiert
Joan Cabreza
U.S. EPA, Region 2
U.S. EPA, Region 5
U.S. EPA, Region 8
U.S. EPA, Region 10
Hazardous'Waste
230 S. Dearborn St.
999 18th Street
1200 Sixth Ave.
Programs Branch -
Mailcode: 5HR-JCK-13
Mailcode: 8-HWM-RM
Mailcode: WD-139
26 Federal Plaza
Chicago, IL 60604
Denver, CO 80202-2405
Seattle, WA 98101
Mailcode: 2AWM-HWPB
312-886-6159
303-293-1489
206-442-0344
New York, NY 10278
FTS 886-6159
FTS 564-1489
FTS 399-0344
212-264-1369



FTS 264-1369
William Rhea



U.S. EPA, Region 6


Wayne Naylor
1445 Ross Avenue

. *"
U.S. EPA, Region 3
Mailcode: 6H-A


841 Chestnut Building
Dallas, TX 75202-2733

I . «
Mailcode: 3HW31
214-655-6755


Philadelphia, PA 19107
FTS 255-6755


215-597-7354

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THE FUND BEFORE AND AFTER REGULATIONS
Cleanup authorities and uses of the Fund will
change after EPA publishes final UST regulations,
scheduled to occur in 1988. Differences in the
authorities and uses are summarized below:
AUTHORITY TO CONDUCT CLEANUPS
Before regulations — EPA and States with
cooperative agreements can use the Trust Fund to
conduct cleanups whenever they consider them
necessary to protect human health and the
environment. Priority must be given to cases in
which EPA or the State cannot find a solvent
owner or operator who will undertake action
promptly.
After regulations — Because Congress intended
tank owners and operators to pay for cleanups,
EPA and States will be able to use the Trust Fund
to conduct cleanups only under certain
circumstances, as follows:
•	If no solvent owner or operator can be found;
•	If the owner or operator has "maintained
evidence of financial responsibility," i.e. has
proof of some type of insurance coverage,
but:
o Prompt action is required to protect human
health and the environment:
o The owner or operator refuses to comply
with a cleanup order; or
o Cleanup costs exceed the required amount
of financial assurance ($1 million in most
cases), and Fund expenditures are needed
to assure an effective cleanup.
•	If the owner or operator has not "maintained
evidence of financial responsibility, " and:
o immediate action is required to respond to
an imminent and substantial danger to
human health or the environment;
o The owner or operator is not solvent; or
o The required response is relocation of
residents, provision of alternative water
supplies, or assessment of human exposure
- to the contaminants.
EPA or the State can take action against owners
or operators to recover costs.
AUTHORITY TO ORDER CLEANUPS
Before regulations — EPA and States with
cooperative agreements can issue and enforce
site cleanup orders where they determine that the
owner or operator will undertake corrective actions
properly and promptly.
After regulations — The authority will not change;
however, all cleanups, whether undertaken by the
owner or operator, by EPA, or by a State, will be
required to meet EPA or State-authorized
corrective action and other tank standards.
USES OF THE FUND
Before regulations — The Trust Fund can be used
for the following purposes:
•	To inspect and identify suspected releases;
•	To develop and enforce corrective action
orders; and
e To conduct corrective actions, including the
following-
o Exposure assessments to determine
potential effects;
o Cleanup of petroleum releases;
o Provision of safe drinking water; and
o Relocation of residents, temporarily or
permanently.
•	To recover the costs of Fund-financed
a corrective actions from the responsible owners
and operators.
After regulations — The Fund cap be used for the
same purposes as before.
•- -:'L' ic
STATE COST SHARE
Before regulations — All enforcement and
cleanup costs necessary to protect human health
and the environment are covered by the Trust
Fund. The Trust Fund is intended to be a means
to undertake prompt and effective UST petroleum
cleanups under certain conditions.
After regulations — States will be required to pay
10 percent of cleanup costs.

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