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                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                 WASHINGTON, D.C. 20460
                                        Mail Code 5401 P

                                        December 2008

                                                                              OFFICE OF
                                                                       SOLID WASTE AND EMERGENCY
                                                                              RESPONSE
                                 LIST Program Facts

Data About The Underground Storage Tank (UST) Program

•      Size of the UST universe (as of September 2008)

              There are approximately 623,000 active USTs (at approximately 235,000 sites) which are
              regulated by the UST technical regulations
              Since 1984, almost 1.7 million substandard USTs have been closed
              •      Substandard tanks properly closed by owners, pose little - if any - threat of leaks
                     which could contaminate groundwater and soil

•      Compliance with the UST requirements (as of September 2008)

              80 percent of active UST systems are in significant operational compliance with the spill,
              overfill, and corrosion protection requirements for release prevention
              75 percent of active UST systems are in significant operational compliance with the leak
              detection requirements
              66 percent of UST facilities are in significant  operational compliance with both the release
              prevention and leak detection requirements

•      Corrective action at UST sites (as of September 2008)

              479,817  releases have been confirmed
              455,096  cleanups have been initiated
              377,019  cleanups have been completed
              102,798  cleanups have not yet been completed

•      LUST Trust Fund is financed by a 0.1 cent federal tax on each gallon of motor fuel sold in the
       country

              Tax is in effect through September 30, 201 1  (originally authorized in 1986)
              As of September 2008, the balance in the fund was approximately $3.2 billion; in fiscal
              year 2007, the fund earned more than $127.4 million interest
              Over the past several years, Congress has appropriated between $72 and $76 million per
              year, of which EPA distributed approximately 85 percent to states and tribes
              In FY 2008, Congress appropriated approximately $1 05.8 million to EPA for both LUST
              cleanups and LUST prevention activities. Of this amount, more than $30.5 million was
              distributed to states and tribes for LUST prevention work. EPA distributed approximately
              85 percent of the remaining LUST funds to states and tribes for cleanup activities.

•      Approximately 40 states have UST cleanup funds which pay for most UST cleanups and are
       separate from the LUST Trust Fund; collectively states raise and spend more than $1 billion
       annually

•      State program approval

              36 states, plus the District of Columbia and Puerto Rico, have approved state programs

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Background And History Of The UST Program

•      In 1984, Congress responded to the increasing threat to groundwater posed by leaking
       underground storage tanks by adding Subtitle I to the Solid Waste Disposal Act (SWDA)

              SWDA required EPA to develop a comprehensive regulatory program for USTs storing
              petroleum or certain hazardous substances to protect the environment and human health
              from UST releases
              Federal UST regulations require preventive measures (such as spill, overfill, and
              corrosion protection), release detection monitoring, corrective action, and demonstration
              of financial resources to carry out corrective  action
              EPA's 1988  regulations set minimum standards for new tanks and required owners of
              existing tanks to upgrade,  replace, or close them

•      In 1986, Congress amended Subtitle I of SWDA and created the Leaking Underground Storage
       Tank (LUST) Trust Fund, used to:

              Oversee cleanups by responsible parties
              Enforce cleanups by recalcitrant parties
              Pay for cleanups at sites where the owner or operator is unknown, unwilling, or unable to
              respond, or which  require  emergency action

•      In August 2005, Congress amended Subtitle I of SWDA and created the Underground Storage
       Tank Compliance Act of 2005 (in Title XV, Subtitle B of the Energy Policy Act of 2005)

              This legislation focuses on further preventing releases
              In particular, it expands eligible uses of the LUST Trust Fund and includes provisions
              regarding operator training, delivery prohibition, secondary containment and financial
              responsibility, and cleanup of releases that contain oxygenated fuel additives

•      Because of the large regulated universe of USTs at the inception of the program (over 2 million
       tanks), EPA designed the UST program to be implemented by states

              36 states, plus the District of Columbia and Puerto Rico,  have been approved to act in lieu
              of the federal program and may have more stringent UST requirements
              •       The remaining states have agreements with EPA to be the primary implementing
                      agency
              In fiscal year 2008, EPA supported state and tribal programs by:
              •       Providing resources from the LUST Trust  Fund  (approximately $64 million) for
                      state cooperative  agreements and to tribes to increase the number of cleanups
                      completed
              •       Providing resources for state and tribal grants (approximately $33 million) for UST
                      prevention
              •       Providing technical assistance, training, and information exchange

•      States have reported that UST releases are the most common source of groundwater
       contamination and that petroleum  is the most common contaminant

•      For more information about the underground storage tank  program, see EPA's Web site at:
       http://www.epa.qov/oust

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