Environmental  Results Program
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 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?


                               New Hampshire
                               Rhode Island
                                              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.
  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
 Vermont Department of Environmental
  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.
  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
VDEC Contact:
Marc Roy, Program Chief
Underground Storage Tanks Program
EPA Contact:
  Beth Termini
  EPA Region I
EPA Contact:
  George Frantz
  EPA Region I

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
    •   OSWER Innovation Pilots Program
    •   Project planning through contractor
    •   Invitational travel support for state-to-state
        exchange of experience and technical
    •   Technical document preparation
        (e.g.,  guidance, workbooks, fact sheets,
        contractor support);
    •   Coordination among EPA Headquarters
        and Regional Offices; and
    •   ERP website

  A list of State  ERP projects and contacts is available on
  the ERP website.


  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

  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
                     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

               Paul  Miller
               Office of Underground Storage Tanks

               Gerard Kraus
               Office of Enforcement and Compliance Assistance
United States
Environmental Protection
Office of Policy,
Economics and  Innovation
    August 2005