State Innovation Grant Program: Virginia
Seeking to Improve Compliance of Underground Storage Tanks through
Development of a Self-Certification Environmental Results Program (ERP)
(2005 Competition)
In 2002 EPA introduced the State Innovation Grant Program to support
efforts led by state environmental agencies to test innovative approaches for
achieving better environmental results and improved efficiency in permitting
programs. Between 2002 and 2007, the State Innovation Grant program
competition awarded over six million dollars to support 35 state projects that
test permitting innovation for a variety of regulated entities including several
small business sectors. A summary of the awards by year appears in the
table below.
State Innovation Grant Program Statistics, 2002-2007
I Competition Proposals Proposals
Year Submitted Selected
2002/2003 I 9Q i fi
Total Program
Funding ($)
$618,000
$1.425 Million
$1.479 Million
Cumulative
$1.243 Million
$1.611 Million
$6.376 Million
"Innovation in Permitting" has been the theme of the State Innovation Grant
competition since its inception. In the last three competition cycles states
received awards for projects in the following three categories:
• The Environmental Results Program (ERP) is an innovative
approach to improving environmental performance based on a system
of the interlocking tools of compliance assistance, self-certification
(sometimes, where permissible, in lieu of permitting), and
statistically-based measurement to gauge the performance of an entire
business sector. The program utilizes a multimedia approach to
encourage small sources to achieve environmental compliance and
pollution prevention. (See: http://www.epa.gov/permits/erp/)
• Environmental Management System (EMS) is a system involving a
continual cycle of planning, implementing, reviewing and improving the
processes and actions that an organization undertakes to meet its
business and environmental goals. EMSs provide organizations of all
types with a structured system and approach for managing environmental
and regulatory responsibilities to improve overall environmental
performance and stewardship. (See: www.epa.gov/ems/info/index.htm)
• Performance Track is a partnership that recognizes top
environmental performance among participating US facilities of all types,
sizes, and complexity, both public and private.
(See: http://www.epa.gov/performancetrack/)
NCEI has provided awards also for projects testing watershed-based
permitting, and for permit process streamlining in past competitions. For
more information on the history of the programs, including information on
solicitations, state proposals, and project awards, please see the EPA State
tion Grants website at httD://www.eDa.aov/innovation/state
Project Background:
With the tenth largest Underground Storage Tank (LIST)
population in the nation involving some 21,000 USTs at
over 7,000 LIST facilities, Virginia has limited resources to
conduct inspections. Currently, Virginia takes about five
years to complete a full cycle of inspections, and die new
requirements under the Energy Policy Act of 2005 mandate
a 3-year inspection cycle. More than 10,782 releases from
USTs have been reported in Virginia since 1989. Releases
include spills, leaks, or the venting of fuel and fumes from
a tank. Although releases from Virginia's facilities have
decreased significantly in recent years, they continue to
occur, primarily due to facility non-compliance and
operational issues. Through die State Innovation Grant
program, Virginia is seeking greater compliance and
improved environmental performance by the UST sector.
In an effort to improve the efficiency and efficacy of
their LIST Program, Virginia is implementing an EPA State-
Innovation Grant-sponsored Environmental Results
Program (ERP) pilot project. The Virginia Department
of Environmental Quality (DEQ) will apply the ERP
approach to assist participating UST facility owners and
operators in understanding and complying with program
regulations, and in going beyond compliance to prevent
pollution and provide for increased protection of public
and worker health and safety.
Project Description
With funding from the 2005 EPA State Innovation Grant
Program competition, Virginia is implementing a pilot
ERP for UST operators. Virginia DEQ will conduct
outreach and education for facility operators and provide
participating UST operators with an interactive CD-ROM/
online toolkit that contains: an updated electronic version
of EPA's "UST ERP Workbook" (EPA 510-R-04-003),
including LIST compliance requirements and Best
Management Practices (BMPs); a compliance Self-
Certification form; and a Return-to-Compliance form. The
CD-ROM/online toolkit will have "easy-use characteristics"
similar to desktop and web-based tax preparation software.
The format will be designed to allow for straightforward
expansion to cover new requirements or additional
NCEI
NATIONAL CENTER FOR
ENVIRONMENTAL INNOVATION
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regulatory programs, and to be easily transferable to new
sectors and programs. Operators will be able to submit
compliance self-certifications to DEQ electronically to
facilitate easy submittals and automated record keeping.
Virginia DEQ will work with Virginia Commonwealth
University and stakeholders to develop the ERP Self-
Certification Program materials and software.
Approximately 125 randomly selected UST facilities will
be invited to participate in die program. Regional DEQ
staff will provide education on compliance and BMPs in
addition to information about the pilot program to UST
operators. VA DEQ will provide additional program
information to selected facilities by mail and email, and
will maintain a program web-page. DEQ Regional Offices
will conduct workshops to provide participating facilities
with technical and compliance assistance, as well as training
on the ERP process. Facility owners and operators will be
required to submit the legally binding UST Self-Certification
Form indicating die current compliance status of their
facility and acknowledging that die facility will comply widi
all applicable regulations. Facilities tiiat cannot certify full
compliance witii all applicable regulatory requirements must
submit a UST Retum-to-Compliance Form addressing a
return-to-compliance plan, schedule, and deadline. Virginia
DEQ Regional inspection staff will conduct random onsite
post-certification inspections of a statistically significant
number of facilities to confirm the accuracy of self-
certifications, verify compliance witii applicable regulations,
and measure the use of BMPs.
Analysis of baseline, self-certification, and post-certification
inspection data will allow assessment of changes in
compliance and environmental performance resulting from
ERP implementation. Program milestones will include:
improved facility understanding of applicable regulations,
operation and maintenance requirements, and BMPs;
development and documentation of transferable
methodology; and outreach and assistance to internal and
external stakeholders. The measure of performance will
be improved compliance with RCRA Subtitle I and
Virginia's state UST regulations. Results will be shared
with EPA, the regulated community, and the public.
This grant funded project will last three years until March
2009.
Connection to EPA's Goals
The Virginia DEQ anticipates a significant reduction in
contaminants to the environment from increased facility
compliance and environmental performance through
adoption of the ERP approach. The Virginia DEQ's
Environmental Results Program for Underground Storage
Tanks promotes EPA's Strategic Goals by (Goals 1 and 2)
endeavoring to improve compliance and environmental
performance through the development of industry-specific
environmental performance measures. The program also
supports EPA's Strategic Goal (Goal 5) by attempting to
achieve measurable environmental and economic outcomes
through testing, evaluating, and applying alternative
approaches to environmental protection by states.
Project Contacts:
Russell P. Ellison, III
Virginia Department of Environmental
Quality
629 E. Main St.
Richmond, VA 23229
(804) 698-4269; FAX: (804) 689-4266
rpellison@deq.virginia.gov
Marie Holman
U.S. Environmental Protection Agency -
Region 3
1650 Arch Street
Philadelphia, PA, 19103-2029
(215) 814-5463
liolman.marie@epa.gov
Scott Bowles
U.S. Environmental Protection Agency
Washington, DC 20460 (MC 1807T)
(202) 566-2208; FAX (202) 566-2211
bowles.scott@epa.gov
Program Contact:
Sherri Walker
State Innovation Grant Program
U.S. Environmental Protection Agency
Washington, DC 20460 (MCI 8071)
(202)-566-2186; FAX (202) 566-2220
walker.sherri@epa.gov
United States
Environmental Protection
Agency
Office of Policy,
Economics and Innovation
(1807T)
October 2007
EPA-100-F-07-040
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