-/ ° 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 ------- 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 ------- |