SEPA
Environmental Results Program
(ERP)
Business Sector Fact Sheet:
Underground Storage Tanks (LIST)
What is ERP ?
The Environmental Results Program (ERP) is a performance-based regulatory
approach designed to improve environmental compliance and performance in specific
industry sectors. ERP is an effective way for states to manage numerous small
pollution sources that have potentially large cumulative impacts. It is a multimedia
approach to implementing environmental regulations through a combination of sector-
focused compliance assistance, self-certification, enforcement, and statistically-based
performance measurement.
ERP places accountability for environmental management on regulated facilities -
regulators educate facilities about their environmental impacts and compliance obligations
as well as best practices to alleviate potential adverse impacts. Facilities are then asked
to self-evaluate and certify compliance. By conducting "before and after" inspections
and applying statistical analysis, regulators can verify compliance, measure and track
environmental performance, determine priorities, and leverage limited inspection and
enforcement resources.
State and local governments implement ERP in different ways. Some states have
adopted ERP as a mandatory program requiring self-certification of all facilities in a
sector. Some states have made it voluntary, encouraging facilities to participate in order
to obtain the benefits of compliance assistance and the certainty of knowing their
compliance status. In some cases, ERP has been used as an alternative to permitting for
large numbers of small facilities.
What are the key elements of ERP?
The following key elements of ERP and their associated tools are directly linked.
Multi-media compliance assistance by regulatory agencies through
compliance assistance workshops and plain language workbooks
and checklists
Self-certification of compliance by businesses
Statistically-based environmental performance measurement
through baseline inspections and post-certification inspections at
randomly selected facilities, as well as through targeted inspections and
evaluation of sector-specific indicators to track performance and
compliance.
Compliance assurance and enforcement is an integral part of ERP that underlies all
three of these key elements.
To which sectors is ERP being applied?
States have initiated or implemented ERP in the following sectors:
• Autobody/ Repair • Auto salvage yards
• Dry cleaning • Photoprocessing
' Printing . Dental facilities/Mercury
• Underground storage tanks/Retail
gasoline sales
States are also exploring the possible application of ERP to emerging sectors such as
animal feeding operations (AFO) and underground injection control (UIC) wells.
What States have initiated or implemented ERPs?
Massachusetts
Michigan
Minnesota
New Hampshire
Rhode Island
Wisconsin
Underground Storage Tanks
The Underground Storage Tank (LIST) sector
includes facilities that are regulated under
federal and/or State requirements. Most
regulated USTs contain gasoline or diesel fuel
and are located at service stations. Two states
are currently planning ERP projects for the LIST
sector: Vermont and Rhode Island.
The LIST sector is extremely diverse and
includes business models ranging from
petroleum company franchise operations and
multi-purpose superstores, (e.g., Sam's Clubs)
to small, independently-owned facilities. Many
of the smaller businesses have few resources
for understanding environmental regulatory
requirements and best practices to minimize
the chance of LIST leaks. However, leaking
USTs have the potential to cause environmental
harm; spills, overfills, or leaks can contaminate
groundwater and cause fires or explosions. If a
release remains undetected over a long period
of time, the resulting cleanup can be incredibly
costly and complex, draining resources from the
business and the State.
Highlights of ERPs for small business UST
facilities in Rhode Island and Vermont are
provided in this fact sheet.
NCI
The District of Columbia and Maryland have used some of the ERP elements and tools,
and additional states are exploring ERP.
NATIONAL CENTER FOR
ENVIRONMENTAL INNOVATION
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Rhode Island Department Of
Environmental Management
UST ERP
Vermont Department of Environmental
Conservation
UST ERP
Background
The Rhode Island Department of Environmental Management
(RIDEM) is implementing an Environmental Results Program (ERP)
project for USTs. The UST Sector is the second sector to which
RIDEM has applied ERP. Across the state, there are 1,910 federally
regulated tanks at 750 facilities and approximately 1,500 heating oil
tanks, all of which must register with RIDEM.
Rhode Island's UST ERP program is mandatory, and it is expected to
help fulfill the state's requirement for biennial inspections for all
USTs. This program covers all waste media from gas stations (air,
water, and waste) including air emission requirements for Stage II
vapor recovery.
Using State Innovation Grant funding from USEPA, Rhode Island
recently conducted a series of six stakeholder trainings to educate
owner/operators on their requirements under the UST ERP. The
trainings explained the UST and Stage II regulations as well as the
yearly self-certification ERP process that RIDEM is implementing.
Status and Program Updates
RIDEM revised the federal UST ERP workbook and
incorporated state-specific UST requirements,
including Stage II vapor recovery, in late 2004.
In January 2005, RIDEM mailed out Rl UST ERP
Workbook, Checklists, and Certification Forms
to UST owner/operators;
In March 2005, RIDEM completed baseline
inspections of Rl UST facilities with a team of UST
and Air Quality inspectors using UST ERP materials.
Upcoming Milestones
RIDEM is working with a contractor to automate
the processing of the self-audit checklists and self-
certification statements that were due from
RIDEM by all UST owner/operators on July 1, 2005.
RIDEM has installed the UST ERP workbooks on
inspectors' laptop computers and has begun work
on a database that will compile the results of the
returned self-certifications and inspections.
RIDEM follow-up inspections of owner/operatorswill
begin in the fall of 2005.
Background
The Vermont Department of Environmental Conservation (VDEC) is
developing a mandatory ERP to improve compliance among its
2,400 USTs at approximately 1,100 facilities. The project will
incorporate UST requirements, RCRA generator requirements,
Stage II vapor recovery requirements, and the floor drain
requirements from their Underground Injection Control (UIC)
program. VDEC plans to focus its ERP on reducing motor fuel UST
leaks, which account for 70 percent of the Vermont Pertroleum
Cleanup Fund annual expenses.
VDEC has received a State Innovation Grant from USEPA to develop
its UST ERP. The State is also revising its UST regulations to
incorporate mandatory self-certification of compliance and other
ERP requirements for UST owners/operators.
Vermont is working on developing its ERP in a "modular" format that
will allow it to be transferred to other business sectors and media
programs in the future.
Status and Upcoming Milestones
VDEC is working with a contractor to develop
program documents and redesign its web site.
The contractor is also helping VDEC to develop
a customized VT UST/multimedia ERP workbook
and outreach materials.
VDEC is working with VDEC information
technology division to develop database for
incorporation of ERP data.
RIDEM Contact:
Ron Gagnon, Chief
Office of Technical and Customer Assistance
401-222-6822 Ext. 7500
rgagnon@dem.ri.gov
htto://www.state.ri.us/dem/proqrams/benviron/assist/usterp/index.htm
VDEC Contact:
Marc Roy, Program Chief
Underground Storage Tanks Program
802-241-3874
marc.roy@anr.state.vt.us
EPA Contact:
Beth Termini
EPA Region I
617-918-1662
termini.beth@epa.gov
EPA Contact:
George Frantz
EPA Region I
617-918-1883
frantz.george@epa.gov
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EPA Assistance
EPA provides a range of technical and financial resources to
support ERP projects. This assistance is available through
several mechanisms:
• State Innovation Grant Program
http://www.epa.gov/innovation/stategrants:
• OSWER Innovation Pilots Program
http://www.epa.gov/oswer/iwg:
• Project planning through contractor
assistance;
• Invitational travel support for state-to-state
exchange of experience and technical
knowledge;
• Technical document preparation
(e.g., guidance, workbooks, fact sheets,
contractor support);
• Coordination among EPA Headquarters
and Regional Offices; and
• ERP website
http://www.epa.gov/permits/erp.
A list of State ERP projects and contacts is available on
the ERP website.
Publications
Model Underground Storage Tank Environmental
Results Program Workbook
At the reguest of several states using ERP, EPA created
the Underground Storage Tank (UST) ERP Model
Workbook, a tool that provides compliance assistance
and information on best management practices for USTs,
in addition to self-review checklists and a self-certification
form. The Workbook was a collaborative effort between
EPA's Office of Underground Storage Tanks (OUST), Office
of Enforcement and Compliance Assurance (OECA), and
Office of Policy, Economics, and Innovation (OPEI). While
the Model Workbook covers all aspects of federal UST
reguirements, states can easily modify the Model
Workbook to incorporate state-specific regulations and
accommodate their specific needs. It is available for
download in Microsoft Word®, Corel WordPerfect®, and
PDF formats, at http://www.epa.gov/swerust1/pubs/
erp.htm.
EPA has also recently completed an interactive electronic
version of the Model Workbook that is available via CD or
download. The electronic version is designed to be
installed on any owner/operator's Microsoft Windows®-
eguipped computer. The electronic workbook asks an
UST owner/operator a series of guestions about their
onsite eguipment and then generates a specialized UST
ERP workbook that only contains information on the UST
regulations that apply to their specific facility.
The electronic version of the Model Workbook includes a
management interface through which states can replace
sections of the workbook with state-specific sections and
can delete or alter the guestions the program asks of the
owner/operator. The management interface also allows
states to generate customized CDs of their state-specific
electronic workbook for distribution to their UST owner/
operators. To obtain a copy of the electronic workbook,
please contact one of the EPA staff persons listed below.
Additional Publications
These publications and other helpful resources are
available on the ERP website.
• ERP User's Guide for Government Agencies
• A Generic Guide to Statistical Aspects of
Developing an Environmental Results
Program
ERP Roadmap providing guidance on how to
develop an ERP
• ERP fact sheets focusing on states' progress
in implementing ERP in specific sectors:
o Underground Storage Tanks
o Automotive Repair Shops
o Dry Cleaners
• EPA National Model UST ERP Workbook in
paper and electronic versions
• Guide to Data Management for the
Environmental Results Program.
EPA Contact:
Marc Olender
National Center for Environmental Innovation
Office of Policy, Economics and Innovation
202-566-2238
olender.marc@epa.gov
http://www.epa.gov/permits/erp
Paul Miller
Office of Underground Storage Tanks
703-603-7165
miller.paul@epa.gov
http:///www.epa.gov/oust
Gerard Kraus
Office of Enforcement and Compliance Assistance
202-564-6047
kraus.gerard@epa.gov
United States
Environmental Protection
Agency
Office of Policy,
Economics and Innovation
(1807T)
August 2005
EPA-100-F-05-028
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