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 ------- 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 ------- 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 ------- |