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17th Annual State Fund Administrators Meeting
June 8-11, 2008
Francis Marion Hotel
Charleston, SC
Sunday, June 8, 2008
3:00 – 6:30 p.m.
Meeting Registration Table Open
5:30 – 6:30 p.m.
Orientation Meeting
SFA Task Force Chairmen’s Remarks: Chuck Schwer (Vermont) and Chuck Williams (Florida)
Tanks Subcommittee Chairman’s Remarks, Richard Swanson (Georgia)
ASTSWMO Report, Julius Shapiro (ASTSWMO)
6:30 – 8:00 p.m.
Opening Reception
Monday, June 9, 2008
7:30 a.m. – 3:00 p.m.
Meeting Registration Table Open
8:30 – 9:00 a.m.
Welcoming Address
John Willson, Director, Charleston’s Convention & Buildings Bureau
Cliff Rothenstein, Director, EPA OUST
9:00 – 9:30 a.m.
Overview of State Fund Survey Results
State Fund Survey, Lynda Provencher, Vermont DEC
9:30 – 9:40 a.m.
Future Meeting Plans
EPA OUST, ASTSWMO and NEIWPCC will announce a revised approach to conducting future conferences and meetings of the Tanks Program.
9:40–10:00 a.m.
Break
10:00-11:30 a.m.
Pulse of the Nation - State Fund Administrators Information Exchange
Facilitator: Dennis Rounds (South Dakota)
Tables will be set up in the meeting room to form a large “U” shape and each attending state will have one seat assigned at the table. If you are the sole person representing your state, you should find your assigned seat and sit there. If your state has more than one person attending, then you need to decide between you who will sit there. All other meeting participants will sit in the audience section which consists of the round tables in the room.
Each state will be allotted a two and a half (2 ½) minute segment of time to share with the group its program successes (or failures), significant claims, challenges, initiatives, or legislative changes that have recently taken place. Preferably they should be within the last two years. If you need help on an issue, mention it. If you have implemented some changes to your program, mention it. There is no need to go into detail, because the purpose is to make other states aware of your circumstances. They can get more information during the informal networking that will be accommodated throughout the State Fund Administrator’s Meeting. There will be significant note-taking by all and opportunity throughout the week to network on these items. Do not use this opportunity to outline your state’s program or routine work, as much of this information is already in the State Fund Survey Report.
There will be a good-natured, but serious time-keeper who will be sure you don’t use more than your allotted time. So be thorough, but concise. The time keeper will alert you when you are getting close. Have your remarks prepared in advance. Don’t try to wing it the first time!
11:30-1:00 p.m.
Lunch Buffet Style/Networking Time
This is your time to find other state fund staff whose experiences interest you or whose problems match yours. "Networking” is one of the major benefits of this meeting, so use this time to your best advantage! The lunch will be served buffet style, in order to help promote the networking theme.
1:00-2:00 p.m.
EPA Energy Act Update/Fund Soundness
Speakers: Cliff Rothenstein and Adam Klinger, EPA OUST
This session will include presentations by EPA staff on State fund soundness guidance and implementation of state fund-related aspects of the implementation of the Energy Policy Act. About a third of the session will be devoted to questions and discussion.
2:00-2:30 p.m.
Break
Please note: Concurrent Sessions A and B topics are independent so you can choose to attend whichever session appeals more to you. Please feel free to go back and forth between concurrent sessions if you so desire.
2:30 – 3:30 p.m.
Concurrent Session A –
State Fund Roles in Addressing the Backlog of Cleanup Sites
Facilitated by Chuck Williams (Florida)
Speakers: Phil McNeely, Arizona DEQ, and Craig Schroer and William D. Davis, Indiana DEM
This session will begin with a brief overview of the latest EPA statistics for the petroleum UST cleanup site backlog around the country followed by presentations from representatives of Arizona and Indiana on the initiatives undertaken to address their state’s cleanup backlog and increase the rate of closure. The time remaining will be used for an interactive discussion among session attendees regarding obstacles and solutions experienced in their state’s efforts to address the cleanup backlog.
2:30 – 3:30 p.m.
Concurrent Session B-
How State Funds Keep Site Costs Under Control
Facilitated by Stuart Gray (EPA Region 1) & Karen Stephens (Mississippi)
Speakers: Cindy Greene, Tennessee DEC, and Dorothy Malaier, Alabama DEM
Do you believe closing sites more quickly is a method of controlling costs? Are you looking for quicker closeouts of your sites? Do you reimburse your facility owners for work completed or do you directly pay the contractor performing the work? Is one method better than the other? Come and get your questions answered as each of our 2 speakers give a short 10 minute talk allowing plenty of time for discussion, questions and interaction with our speakers and each other.
3:30 – 4:30 p.m.
Concurrent Session A –
Audits, Actuarial, and Risk: Three Auditing Tools to Help Manage Your Fund
Facilitated by Kevin Beery (Utah)
Speakers: Bruce Hagans, Utah DEQ, Dorothy Malaier, Alabama DEM, and Dennis Rounds, South Dakota ORM/PEPL Fund
Utah will be discussing a legislative audit focusing on preparation, documentation and concerns. Alabama will discuss an internal fund soundness review and how it can be used as a fund management tool. South Dakota will discuss how to use risk management as an auditing tool to identify problems within your fund. Each speaker will be speaking 7-10 minutes with no power point presentations. Discussion and questions after each speaker will consist of approximately 10 -12 min.
3:30 – 4:30 p.m.
Concurrent Session B-
Approaching the Million Dollar Mark... Are we there yet?
Facilitated by Stuart Gray (EPA Region 1) & Karen Stephens (Mississippi)
Speakers: Gordon Bullard, Massachusetts DOR-UST, and Patrick Vuchetich, Missouri PSTIF
Do you have sites nearing their $1 million cap? Do you have sites that you believe will never close? Do you feel sometimes that your fund is an annuity for others? In this session we will be using a roundtable format with lots of opportunities to ask questions and interact with the two speakers who will be giving a 10 minute talk to spur discussion about a subject we can all use some help on, cost control.
4:30 p.m.
Adjourn for Day
Tuesday, June 10, 2008
8:00 a.m.-12:00 p.m.
Meeting Registration Table Open
8:30 - 10:00 a.m.
Private Funding for Clean-ups vs. Public Funding for Clean-ups
Facilitated by: Richard Swanson (Georgia) and Jill W. Hall (Delaware)
Speakers: Gordon Bullard, Massachusetts DOR-UST, David Chambers, Nebraska DEQ, Khan Adams, Kansas Underground Storage Tank Liability Plan, and Keith H. Cannon, Marsh USA, Inc.
A case study highlighting the similarities and differences in the remediation process and associated costs between privately and publicly funded UST cleanups. Representatives of private insurance, consulting firms and state funds will discuss oversight of remediation projects, the management of costs and the resulting time to closure.
10:00 - 10:30 a.m.
Break
10:30 - 12:00 p.m.
Concurrent Session A-
3rd Party Liability - What to do if you are sued?
Facilitated by Jill W. Hall (Delaware)
Khan Adams will present a case study of a 3rd party claim in Kansas involving multiple parties, followed by a round table discussion.
10:30 a.m.-12:00 p.m.
Concurrent Session B-
Successful Cleanups
Facilitated by Chuck Williams (Florida)
Speakers: Jesse Brown, P.E., Golder Associates Inc., Dennis Rounds, South Dakota ORM & PEPL Fund
This session will begin with several case studies of successful state-funded cleanups (including solutions to particular problems encountered) presented by a senior Florida consulting engineer followed by a review of lessons learned from failed remediation efforts with an overview of tools that are available from ASTM and EPA to improve the success of cleanups presented by a member of the ASTM Committee on Environmental Assessment, Risk Management and Corrective Action. The remaining time will available for audience questions and general discussion.
12:00 – 1:30 p.m.
Lunch (on your own)
1:30-2:30 p.m.
Concurrent Session A-
Funds Management and Operator Training
Facilitated by Scott Whittier (Maine)
Speakers: Randy Carlson, Kansas DOH, and Melanie Loyzim, Maine DEP
This session will explore how state funds are being used to facilitate compliance and prevent releases. The session will be highlighted by two presenters who will discuss state initiatives to meet the operator training requirements of the Energy Act. One presentation will discuss a mandatory classroom training approach designed to meet their state program needs. The second presenter will focus on a demonstration of an internet based program to train UST operators. Strategies employed by state programs throughout the country to provide incentives to maintain compliance and prevent releases will be shared as part of an interactive group discussion following the presentations.
1:30– 2:30 p.m.
Concurrent Session B–
State Fund Costs of EDB and Other Additives
Facilitated by Rich Spiese (Vermont)
Speakers: Read Miner, South Carolina DHEC, John Wilson, EPA ORD
This session will begin with a brief overview of research efforts and state data collection results of ethylene di-bromide and 1, 2-dichloroethane at LUST sites (results of efforts from South Carolina, Kansas, Vermont, Georgia, or Minnesota may be included, as well as results of work completed by EPA). Then evaluations of cost options from different states using different approaches will be discussed to see how your state could evaluate this potential risk (speakers could be from any of the above states as well as Tennessee). After these speakers have completed their presentations, there will be an open discussion of how and if state funds should be involved in promoting EDB evaluations.
2:30 – 3:00 p.m.
Break
3:00 – 4:00 p.m.
Concurrent Session A–
Unique Situations that Affect State Fund Payments
Facilitated by Perry Theriot (Louisiana) and George Matthis (North Carolina)
This interactive discussion will focus on other sources of contamination and numerous methods such as environmental forensics that can be used to determine what costs should be covered by state funds to help preserve fund solvency. Discussions of various sources of contamination may include commingled UST petroleum plumes with non-petroleum plumes, UST/AST plumes and abandoned USTs.
3:00 – 4:00 p.m.
Concurrent Session B-
Can State Funds Promote Green Technologies?
Facilitated by Chuck Schwer (Vermont)
Speakers: Alan Bakeberg, South Dakota Remediation Fund, Ralph Nichols, Savannah River National Laboratory, and Bill Alpine, Environmental Compliance Services
In this session we will hear from a number of perspectives regarding the advancement of “green” remediation. The facilitator will provide a brief overview of an EPA document titled, “Green Remediation”. We will also hear from Alan Bakeberg from the South Dakota Remediation Fund about the environmental impacts and increased risks resulting from site remediations. Ralph Nichols of the Savannah River National Laboratory will explain efforts they have taken to promote sustainable remediation practices. Lastly, we will hear from Bill Alpine from Environmental Compliance Services who will highlight some efforts the private consulting community has taken to implement these practices. In the session we are hoping to show that in many cases not only is green remediation the politically correct thing to do, it can also be the most cost effective alternative.
4:00 p.m.
Adjourn for Day
5:30 p.m.
Social/Networking Event - Beach Party & Dinner
Network with your peers at the Citadel Beach House on the Beautiful Isle of Palms (see details on the NEIWPCC web site and in the Meeting Packet). Meet in the front lobby. Bus will depart from the Calhoun Street side.
Wednesday, June 11, 2008
8:00 a.m.-12:00 p.m.
Meeting Registration Table Open
8:30 - 10:00 a.m.
Are State Funds Enablers?
Facilitated by Ron Poltak (NEIWPCC) and Michaela Brockmann (Rhode Island)
By providing, in essence, a free insurance policy, are we as state fund administrators inhibiting incentive for UST owners to take risk abatement actions? Are we creating a “moral hazard” – whereby the very fact that a party is insured against risk induces the party to underallocate capital to loss prevention; in essence, to treat the insurance policy as a good that can be consumed for free? (Abraham, Kenneth S. Distributing Risk: Insurance, Legal Theory, and Public Policy, p 14 Yale University Press, New Haven, 1986.)
10:00 - 10:30 a.m.
Break
10:30 - 11:30 a.m.
Legal Updates
Facilitated by Carol Eighmey (Missouri)
Speakers: Dan Atwill, Atwill & Mongomery, attorney for the Missouri Tank Fund, Jackie Dickman, attorney for the South Carolina Tank Fund
What the Courts Are Doing To You or For You – A review of recent court decisions involving or affecting state tank funds. Two attorneys who have first-hand experience will explain in plain English what the importance of each case is and why you need to know about it.
11:30-12:00 p.m.
2009 Meeting Announcement, Pulse of the Nation Recap & Closing Comments
12:00 p.m.
Meeting Adjourned
12:00- 2:00 p.m.
ASTSWMO State Funds Task Force Meeting
Determine what topics discussed in meeting can be worked on over the next year as an action item.
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