U.S. Environmental Protection Agency
Office of Underground Storage Tanks
www.epa.gov/oust
FY2009 Annual Report On The Underground Storage Tank Program
For a quarter of a century, EPA, states, tribes, and other partners have made significant progress in preventing,
detecting, and cleaning up leaks from underground storage tanks (USTs). In fiscal year (FY) 2009, EPA's LIST
program continued these efforts by increasing prevention activities to reduce the number of new releases and
furthering the cleanup of existing releases. The program exceeded its established goals for the fiscal year and
continued to review existing tank regulations, with a goal of updating them to ensure Energy Policy Act requirements
apply to all tanks. EPA worked with regions and states to implement the leaking LIST (LUST) Recovery Act
provision, which provided $200 million to assess and clean up LIST releases. Also, EPA developed new information
resources to provide relevant and up-to-date information to states, territories, tribes, and other tank stakeholders.
This report provides a snapshot of program activities conducted in
FY 2009 (October 1, 2008 - September 30, 2009) and the advances made
in preventing releases, conducting cleanups, and implementing the LUST
provision of the Recovery Act. The success and progress of the program
during the past year are due to the support and dedication of EPA's
partners to prevent groundwater contamination and further protect human
health and the environment from UST releases.
Contents
Preventing Releases 2-3
Cleaning Up Releases 4-5
LUST Recovery Act 6
Looking Ahead 7
Letter To UST Stakeholders 8
L
FY 2009 UST Program Highlights
At the end of FY 2009, there were approximately 611,500
federally-regulated, active USTs at approximately 223,000 sites
across the country. Collectively, the UST program has
accomplished a great deal.
Prevention
V Two-thirds of active USTs are fully complying with requirements
to prevent and detect leaks.
V UST partners increased inspection efforts in order to meet the
first three-year inspection mandate by 2010, which is required
by the Energy Policy Act of 2005.
V The number of new UST releases identified each year
continues to decline, with just over 7,100 new leaks found in
FY 2009 (meeting EPA's goal to reduce annual releases to
fewer than 9,000).
V EPA continued regulation development to incorporate Energy
Policy Act of 2005 requirements and review existing regulations.
Cleanup
V EPA implemented the LUST provision in the American
Recovery and Reinvestment Act of 2009, providing support to
states and territories.
V Of the 488,000 releases reported since the beginning of the
program, UST partners have completed more than 388,000
cleanups or about 80 percent, leaving a backlog of just over
100,000 releases remaining to be cleaned up.
V In FY 2009, UST partners cleaned up 12,944 sites, exceeding
EPA's annual goal to clean up 12,250 LUST sites.
V EPA continued to promote cleaning up and reusing petroleum
brownfields.
V EPA continued our study to characterize the LUST cleanup
backlog and improve the pace of cleanups.
Underground storage tanks are located at gas stations
and other non-retail locations
FY 2009 GPRA* National UST Program
Goals And Accomplishments
Goal Actual
Cleanups Total
Cleanups Indian Country
Significant Operational
Compliance Rate
New Reported Releases
12,250
30
65%
0,000
12,944
49
66.4%
7,168
"Government Performance Results Act of 1993
In FY 2009, the UST prevention and cleanup
programs received more than $100 million to
prevent, detect, and clean up releases from
federally-regulated USTs. In addition, the
American Recovery and Reinvestment Act of
2009 provided another $200 million to assess
and clean up UST leaks. Almost 90 percent of
money is provided directly to states, territories,
and tribes to implement their prevention and
cleanup programs.
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Advances In Preventing Releases
Since the beginning of the LIST program, preventing petroleum releases into the environment has been one of
the primary goals of the program. EPA and our partners have made major progress in reducing the number of new
releases, but thousands of new releases are still discovered each year. The lack of proper operation and
maintenance of LIST systems is a main cause of these new releases. EPA is working with states, territories, tribes,
and other partners to advance prevention efforts and quickly detect leaks when they occur.
In recent years, these efforts have been enhanced by the release prevention requirements mandated in the
Energy Policy Act of 2005. To address these mandates, EPA produced several grant guidelines to help states carry
out the requirements. Some states already have regulations in place that meet the requirements; other states are
working to implement the provisions in the upcoming years. EPA continues to work with states and tribes to prevent
LIST releases and meet the mandates initiated with the Energy Policy Act.
LIST Universe
End Of FY 2009
States
Indian Country
Active Tanks:
Closed Tanks:
Active Tanks:
Closed Tanks:
608,823
1,713,171
2,626
5,662
Preventing Releases In Indian Country
Tribes and EPA worked to improve LIST compliance
in Indian country in FY 2009 by enhancing inspection
efforts, developing additional compliance-focused
assistance agreements with tribes, and providing
training to tribal environmental professionals and facility
owners and operators.
Designating tribal inspectors as authorized
representatives of EPA to inspect USTs can help
increase the geographic coverage and frequency of
inspections in Indian country. As of the end of FY
2009, a total of five inspectors in four tribes have
federal credentials to conduct LIST inspections. The
four tribes with federally-credentialed inspectors are:
Confederated Salish and Kootenai Tribes; Eastern
Band of the Cherokee Indians; Navajo Nation; and
Shoshone-Bannock Tribes.
In addition, the third annual national Tribal/EPA
meeting, held in Florida in October 2009, helped
identify tribal issues, build collaboration, and work
toward continued partnerships and improvements in the
LIST program in Indian country.
In FY 2009, EPA provided $2.6 million for the
LIST prevention program in Indian country.
EPA also provided $35.9 million to states and
territories for LIST prevention activities.
Working To Increase
LIST Facility Compliance
One of the key elements in preventing releases is to
increase a facility's operational compliance with LIST
regulations. Significant operational compliance (SOC)
means that a facility has the necessary equipment
required by current LIST regulations to prevent and
detect releases and performs the necessary LIST
system operation and maintenance. In FY 2009:
V The national SOC rate was 66.4 percent, above
our target rate, but still allowing room for continued
improvement.
V The SOC rate in Indian country was 59 percent,
which is progress over last year; but much work
remains to catch up with the national average.
Inspecting a sump
Reducing Confirmed Releases
In FY 2009, EPA, states, territories, and tribes focused
on bringing LIST systems into compliance and keeping
them in compliance with leak detection and release
prevention requirements. One way the program assesses
the relative success of these prevention efforts is to
measure the number of confirmed releases each year.
EPA achieved its FY 2009 goal to reduce confirmed
tank releases to fewer than 9,000. There's been a steady
reduction in underground storage tank confirmed releases,
from almost 67,000 in FY 1990 to 7,168 in FY2009.
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August 2009 Marked Four Years Of Progress Implementing The Energy Policy Act
When Congress passed the Energy Policy Act on August 8, 2005, EPA, state, territorial, and tribal underground
storage tank programs were presented with a mandate that focused on reducing LIST releases and required numerous
changes to tank programs. In addition, August 2009 was an important Energy Policy Act deadline: the requirement to
develop state-specific operator training regulations.
Over four years, EPA, states, territories, and tribes have
shown tremendous dedication and made significant
progress toward meeting the Act's requirements and
strengthening LIST release prevention programs. EPA and
tribes, too, made strides in working together to address
tribal-related mandates in the Energy Policy Act.
V All states have grant agreements in place to implement
Energy Policy Act provisions.
V Most states met these major requirements - additional
measures to protect groundwater, delivery prohibition,
state LIST compliance report, initial two-year
inspections, and public record posted.
V Together, EPA and tribes are continuing to implement
the 2006 tribal strategy and further the goals of the LIST
program in Indian country.
Number Of States And Territories Indicating They Have Implemented
An Energy Policy Act LIST Requirement
(Of 56 States And Territories)
As Of August 8, 2009
Additional Measures To Protect
Groundwater (2/8/07)
40
Delivery Prohibition (8/8/07)
38
State UST Compliance Report (8/8/07)
55
2-Year Inspections (8/8/07)
56
Public Record Posted (1/1/09)
49
0 10 20 30 40 50 56
Total Number Of States And Territories Implementing A Requirement
Although our collective progress over the past four years
is impressive, state, territorial, and tribal UST programs are
faced with a great deal of ongoing work necessary to
implement the prevention requirements. The inspection requirement is a good example of this. States and territories
did much to meet the initial two-year August 2007 inspection requirement, but have a large task ahead to meet the
three-year cycle of inspecting all 223,000 active UST facilities by August 2010. And the three-year inspection cycle
will continue into the future. The operator training requirement is another example. By August 2012, states need to
ensure operators are trained in accordance with the newly-established standards. EPA and tribes also have many
tasks ahead as we continue implementing the tribal strategy's objectives and work to further the goals of the UST
program in Indian country. Over the coming years, EPA and tribes will continue our ongoing work to increase
compliance and cleanup rates in Indian country.
State, territorial, and tribal UST programs, working with EPA's regional UST programs, are poised to take on the
remaining prevention implementation challenges. We will work together and continue making strides to keep our land
and groundwater safe from underground storage tank releases.
Navajo Nation ITCA training
National Assistance Agreement To Help Tribes
In April 2009, EPA awarded a national assistance agreement to the
Inter Tribal Council of Arizona, Inc. (ITCA) for UST compliance
assistance and training support in Indian country. Under the five-year
agreement, which is in place through March 2014, ITCA will provide:
V Targeted UST compliance assistance for owners and operators of
UST facilities in Indian country;
V Basic UST compliance training for tribal personnel;
V Tribal UST compliance inspector training; and
V Tribal working group meetings to collaborate with tribes.
EPA is enthusiastic about the support these efforts will provide in
improving UST facility compliance throughout Indian country. For more
information, contact Roland Chester of ITCA at 602-258-4822.
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Advances In Cleaning Up Releases
Over the past quarter century, the LIST program has made great progress in cleaning up leaking underground
storage tanks. EPA works with states, territories, and tribes to clean up LUST sites and address the hurdles in reducing
the backlog of cleanups.
In FY 2009, EPA and its state, territorial, and tribal partners continued to make progress in cleaning up petroleum
releases by initiating 8,198 cleanups and completing 12,944 cleanups, of which 49 cleanups were completed in Indian
country. The cleanup backlog, which is the difference between the cumulative number of confirmed releases and
cleanups completed, also continued to decline from 168,361 sites a decade ago to 100,165 sites as reported at the end
of FY 2009.
180,000 !
1
I 140,000
120,000 --
m g
"ro
£ 60,000 --
LIST National Backlog:
FY 1999 Thru End-Of-Year FY 2009
2004
Years
Cleaning up a release at an underground
storage tank site
Continuing Cleanup Progress
In Indian Country
EPA has primary responsibility for implementing the
LUST program in Indian country and actively works
with tribes to identify, assess, and clean up UST
releases. In FY 2009, EPA exceeded its annual goal of
30 cleanups by completing 49 in Indian country. Over
the past seven years, the LUST cleanup backlog in
Indian country has declined by about 25 percent. This
success is due partly to focused efforts by EPA and
tribes to complete the remaining cleanups necessary at
older sites and to the increased use of the Indian
country cleanup contracts. For nearly a decade, these
contracts have been supported by the LUST Trust
Fund and maintained by EPA for cleanup activities in
Indian country.
Additionally, in FY 2009 EPA provided LUST funds
directly to the Navajo Nation and the Nez Perce Tribe
to conduct cleanups. This direct funding furthered their
capability to develop and manage their cleanup
programs and reduce the number of remaining
cleanups in Indian country.
In FY 2009, EPA provided $9 million for
LUST cleanups in Indian country, of which
$6.3 million was LUST Recovery Act money.
EPA also provided $252.9 million to states
and territories for LUST cleanups, of which
$190.7 million was LUST Recovery Act money.
LUST Cleanup Backlog In Indian Country
500
400
300
200
100
0
444
429
390
344 355
331
III
I I I I
2003 2004 2005 2006 2007 2008 2009
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National Support On Technology Issues
Petroleum Vapor Intrusion
One of the LIST program's technical challenges is how to address petroleum vapor intrusion (PVI) at LUST sites.
Beginning in September 2009, EPA hosted a workgroup, comprised of state, federal, and industry members, to
assess the state of the science associated with PVI and draft an action plan which will assist state programs as they
pursue efficient, protective cleanups. EPA plans to develop PVI guidance and make it available to states no later
than 2012. Between now and 2012, EPA will develop and distribute interim PVI updates to help states address this
issue.
Materials
& Waste
Green Remediation
With the publication of EPA's Principles for Greener Cleanups and Superfund Green
Remediation Strategy, the concept of green remediation has emerged as an EPA priority.
EPA's LIST program supports greener cleanups and seeks to inspire protective cleanups
that impose a smaller environmental footprint. EPA's LIST program is considering the best
way to help state, territorial, and tank programs make cleanups greener. Towards this end,
the program is:
V Partnering with states to identify opportunities within LUST programs and at LUST
sites for greener cleanup;
V Working with Agency colleagues to provide input into the ASTM International's
(formerly American Society for Testing and Materials) Standard Guide for Green and
Sustainable Site Assessment and Cleanup; and
V Participating in cross-Agency workgroups to develop measures and promote greener cleanups.
Stewardship
Energy
Core
Elements
land &
Ecosystems
Air
Water
Besf management practices of green
remediation balance core elements of
a cleanup project
EPA's Petroleum Brownfields Action Plan: One Year Later
In October 2008, EPA published its Petroleum Brownfields Action Plan: Promoting Revitalization And
Sustainability and has been implementing the plan throughout FY 2009. The action plan listed four initiatives that are
guiding EPA as the Agency stepped up its efforts to foster cleaning up and reusing petroleum-contaminated
brownfield sites. EPA has accomplished a great deal since issuing the action
plan one year ago. During the last year, EPA:
V Updated and expanded its petroleum brownfields Web site at
www.epa.gov/petroleumbrownfields;
V Published two new resources for brownfields practitioners: Petroleum
Brownfields: Selecting A Reuse Option and Petroleum Brownfields:
Developing Inventories;
V Developed a fact sheet on petroleum sites and Brownfields grants for tribes;
V Coordinated with Smart Growth America to provide information on petroleum
brownfields to community and other stakeholders at workshops and meetings;
V Promoted targeted geographic support, known as the corridor approach, to
redeveloping several petroleum brownfield sites in a defined area;
V Began working with the U.S. Departments of Transportation and Housing and
Urban Development to identify and coordinate on cross-agency redevelopment
projects;
V Initiated a study of public policies related to petroleum brownfields
revitalization;
V Began participation in a project in Bedford-Stuyvesant, New York City, to
demonstrate how to integrate smart growth, green building, and other
sustainability concepts into neighborhood revitalization;
V Selected an Oregon site as an EPA sustainability pilot and delivered technical
assistance in sustainably redeveloping a former gas station into a community
center; and
V Joined an effort with U.S. Department of Energy to promote using petroleum-
contaminated land for renewable energy projects and the location of
infrastructure for future fuels.
Abandoned gas stations are scattered along
highways and in neighborhoods
Cleanup Backlog
Study Update
EPA made significant progress
analyzing the backlog of selected
states and plans to issue in
autumn 2010 its cleanup backlog
study, which will: help articulate
challenges to state cleanup
progress, focus future efforts, and
identify national and state-specific
strategies for completing
cleanups.
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LUST Recovery Act
American Recovery And Reinvestment Act Of 2009 Provides EPA With
$200 Million To Clean Up Underground Storage Tank Releases
In February 2009, Congress passed the American Recovery and Reinvestment Act of 2009 which provided a
supplemental appropriation of $200 million from the LUST Trust Fund to EPA's Office of Underground Storage Tanks
for cleaning up releases of contamination from federally-regulated USTs. EPA received a total of over $7 billion, with
$900 million going to waste programs $200 million of which is to clean up tank releases. EPA is using the LUST
Recovery Act money for assessing and cleaning up contaminated LUST sites, creating and retaining jobs as well as
providing economic and environmental benefits. EPA provided $190.7 million to state and territorial UST programs
through assistance agreements, all of which were awarded by September 2009. EPA's regional UST programs are
distributing and managing $6.3 million to clean up eligible tank releases in Indian country. The remaining $3 million is
being used by EPA regions and headquarters for federal management and oversight purposes.
EPA worked closely with states, territories, and tribes in
spring 2009 to develop a program that would focus on
spending the LUST money to provide both environmental
and economic benefits at release sites nationwide. With
significant input and support from stakeholders, EPA issued
a June 2009 guidance on implementing the LUST provision
of the Recovery Act; see www.epa.gov/oust/eparecovery/
lustproguide.htm . More recently, EPA issued supple-
mental guidances on issues such as recipient reporting,
applicability of Davis Bacon Act, and lessons learned about
recipient and LUST performance measures reporting all
of which are also available on EPA's Web site above.
LUST Recovery Act money is helping clean up this Indian country site in Idaho
States and territories made significant progress in assessing and
cleaning up LUST releases despite the fact that some received money
quite late in the fiscal year. The chart on the right demonstrates the
national UST program's accomplishments and performance using
LUST Recovery Act money through September 30, 2009.
Many UST partners have been involved in implementing the LUST
provision of the American Recovery and Reinvestment Act. Those
partners have completed much in a very short time, often under very
tight deadlines. Congratulations to those of you who've worked on
LUST Recovery Act issues for all you've accomplished so far. EPA
appreciates your herculean efforts to meet the numerous deadlines and
requirements associated with the LUST Recovery Act money.
LUST Recovery Act
Performance Measure
Site assessments initiated
Site assessments completed
Site cleanups initiated
Site cleanups completed
National
Results For
FY 2009
180
34
57
9
LUST Recovery Act money has also contributed to
ongoing assessments and cleanups which did not begin
as Recovery Act projects and are not represented in the
table above
$200 Million Recovery Act Money For
Cleaning Up Tank Releases
See www.epa.gov/oust/eparecovery
for information about how EPA,
states, and territories are using
Recovery Act money to assess and
clean up underground storage tank
petroleum leaks.
www.recovery.gov
Going forward, EPA and our UST partners still have a
great deal of work to continue implementing the LUST
Recovery Act. States and territories will continue to
assess and clean up underground storage tank releases
using LUST Recovery Act money. EPA regional UST
programs will continue making progress in assessing and
cleaning up UST leaks in Indian country. Each quarter,
recipients will report on their accomplishments.
While this money is providing environmental
benefits to our country by cleaning up underground
storage tank leaks, it is also helping to retain jobs and
improve our nation's economy.
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Lookina Ahead
FY 2009 was a year of advancement and achievement. LIST partners made excellent progress and met our goals,
made significant progress in advancing prevention and cleanup efforts, and made great strides in developing a program
to implement the LUST provision in the American Recovery and Reinvestment Act of 2009.
Challenges remain, though, as there is still much work to be done to prevent releases and to clean up contaminated
sites. In 2010 and upcoming years, EPA will focus on the traditional goals of the program preventing and cleaning up
releases by:
V Continuing to work with states to meet the mandates and deadlines of the Energy Policy Act of 2005;
V Implementing the LUST provision of the Recovery Act of 2009, providing support to states, territories, and tribes;
V Working with tribes to continue implementing the tribal strategy;
V Ensuring that each UST facility in the country is inspected once every three years;
V Exploring better ways to identify compliance and cleanup challenges and to pinpoint solutions;
V Developing strategies to help revitalize communities and clean up abandoned gas station sites;
V Ensuring adequate funding is available for cleanups;
V Providing site support on technical issues, such as identifying fuel constituents and evaluating exposure pathways;
V Addressing technical and regulatory issues involved with alternative fuels; and
V Continuing the process to update our regulations.
EPA looks forward to increasing collaboration and working with state, territorial, tribal, and other UST partners to
achieve further progress in the tanks program in order to better protect human health and the environment from
petroleum releases.
Addressing Alternative Fuels
EPA finalized the Renewable Fuel Standard rulemaking (RFS2) in
early 2010. The RFS2 rulemaking implements a program that requires 36
billion gallons per year of biofuels be used by 2022. In order to adapt to
the increased storage of fuels such as ethanol and biodiesel in USTs,
EPA is working with our partners to gain a better understanding of: UST
system materials compatibility; functionality of leak detection; and the
fate, transport, and remediation issues associated with biofuel releases.
U.S. Department of Energy (DOE) laboratories are performing a
compatibility study of retail fuel system materials with mid-level ethanol
blends. EPA is working with DOE to include UST materials for immersion
testing, as well as piping and submersible pumps for performance testing.
EPA's Environmental Technology Verification (ETV) program is
developing a test plan to assess the functionality of leak detection
equipment used in conjunction with underground storage tanks containing
biofuels. Under the ETV program, a technical detection protocols panel
and a vendor panel will assist EPA by reviewing current leak detection
protocols and proposing modifications to account for ethanol- and
biodiesel-blended fuels. Vendors are then expected to submit their
products for evaluation under ETV's test plan.
EPA continues its work to understand the fate and transport of biofuel
blends when released to the subsurface. In 2009, EPA labs continued
their microcosm studies of biodiesel degradation rates and methane
generation at ethanol spill sites. In 2009, EPA published a paper on the
composition and behavior of fuel ethanol which further serves as an
important tool for state and local UST regulators, and will help EPA refine
models to characterize contamination plumes.
See EPA's biofuels compendiumwww.epa.gov/oust/altfuels/
bfcompend.htm for information about storing ethanol and biodiesel fuels.
Developing Regulations
EPA is revising the 1988 federal under-
ground storage tank regulations to require
that the 2005 Energy Policy Act provisions
apply to USTs in Indian country and in states
that do not have state program approval.
The Agency is also considering revisions to
the existing requirements, such as improving
operation and maintenance, enhancing the
effectiveness of leak detection, and
removing deferrals on some tanks.
EPA is working closely with states, tribes,
industry, and other stakeholders regarding
our rulemaking plans and efforts. We aim to
issue a proposed rule in autumn 2010,
followed by a final regulation that will carry
the UST program into the future.
Most of the fuel supply in the U.S. contains ethanol
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2* Oih Anniversary of the UST Program
| 1984 1986 19*8 199] I99>
ICQ^^^H 'J.'.'jrii'Jif 'jr rli;
loo; 1009 y
Novembers, 1984
www.epa.gov/oust/25anniv.htm
November 8, 2009
March 2010
A Letter To UST Stakeholders
From Carolyn Hoskinson, Director, EPA's Office of Underground Storage Tanks
The ending of one year and beginning of another is the perfect time to reflect a bit and thinking back on all
that's gone on in the UST program during 2009 feels like much more than a year's worth of activities. In February
2009, the American Reinvestment and Recovery Act was passed, providing authority and money to assess and
clean up underground storage tank leaks in states, territories, and Indian country. August 2009 marked the 4th
anniversary of the Energy Policy Act; November 2009 was the UST program's 25th anniversary. Through all of this, I
was heartened to see our many UST partners working closely and cooperatively with us to achieve so much and
embrace these important milestones.
We've accomplished much together EPA and our UST partners have closed over 1.7 million substandard
tanks; cleaned up more than 388,000 petroleum leaks; and reduced the number of new releases from a high of
almost 67,000 in 1990 to just over 7,100 in 2009. Today, tank systems are much less likely to leak and cause
significant environmental problems. We've set in place a program that focuses on spending LUST Recovery Act
money in ways that provide both environmental and economic benefits at UST release sites nationwide.
Yet amidst all these accomplishments, many challenges still remain for the national UST program. All remaining
611,500 active, federally-regulated tanks must be inspected every three years. All tank operators must be trained in
accordance with newly-established standards. The backlog of just over 100,000 releases needs to be addressed.
We must continue to ensure, in an accountable and transparent manner, that the $200 million LUST Recovery Act
money to assess and clean up petroleum underground storage tank leaks is used expeditiously to clean up releases,
create jobs, and stimulate the economy.
Thank you to all our UST partners for your efforts to protect our environment and human health from underground
storage tank releases. Your work and dedication made 2009 a remarkable year. I look forward to working with you
over the next year and wish you the best for 2010.
EPA-510-R-10-001, March 2010
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Underground Storage Tanks
For further information please contact:
U.S. EPA/OUST
1200 Pennsylvania Ave., N.W.
Mail Code: 5401P
Washington, DC 20460
Phone: 703-603-9900
Fax: 703-603-0175
www.epa.gov/oust
xvEPA
United States
Environmental Protection
Agency
To keep the public informed, EPA posts
mid and end of year activity reports that
provide information on compliance, releases,
and cleanups across the country. The
FY 2009 end of year activity report
is available at
www.epa.gov/oust/cat/camarchv.htm .
8
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