2023 Sustainability of State Financial Assurance Funds for the Underground Storage Tank Programs

The Financial Responsibility Task Force completed a document that presents emerging trends within the U.S. and Territories that are or will impact funding to State programs responsible for regulating and managing USTs. The Task Force identified four trends: transition from gasoline to alternative energy fuels; changes in how the public uses transportation; the future of retail gas stations; and political changes impacting funding State UST programs. The final output was a paper that summarizes the Task Force’s research and provides commentary on policy choices that States may consider in the coming years with a focus on UST program revenue, cleanup of UST releases, and aging UST system infrastructure. Considering the complexity of these issues and the potential for significant impact on state UST programs, most particularly state financial assurance funds, the ASTSWMO Tanks Subcommittee and the Financial Responsibility Task Force request that the EPA Office of Underground Storage Tanks (OUST) provide a more detailed analysis of the trends identified.

2021 Annual State Fund Survey/Tanks Update

The Vermont Department of Environmental Conservation, in partnership with ASTSWMO, conducts a survey of all State Financial Assurance Fund programs and provides results on their design characteristics, funding, and fund activity each year. Summary and results from 2021 are provided below. Note: The 2021 Survey tables are the result of an abridged version of the State Fund Survey that differs from the surveys sent in recent years. ASTSWMO is in the process of updating the data collection and reporting processes to create a new “Annual Tanks Update,” which will include information from release prevention, remediation, and Fund and financial assurance programs. The new project will replace the Annual State Fund Survey Summary Abridged Annual Tanks Update – 2021 For archives of previous State Fund Surveys visit the Annual State Fund Survey Archives page.

New Page: State Programs Addressing Abandoned Underground Storage Tanks

Several States have developed programs to safely remove these tanks and discover whether contamination has occurred. The State Fund-Financial Responsibility Task Force compiled these information sheets from State programs to highlight their efforts and to provide examples for other States who wish to develop similar programs. The compendium also identifies States with programs in place to help fund closure of abandoned underground storage tanks.

UST Insurance Brochure

This Association of State and Territorial Solid Waste Management Officials created the UST Insurance Brochure to provide some basic information that will help in the selection and evaluation of private underground storage tank (UST) insurance. It was specifically designed as a template to allow individual States to edit information as needed. The yellow highlighted words and citations are possible locations for State inserts and changes. For State Program Approval (SPA) States, please use your State citation instead of the federal citation listed. For non-SPA States, you can add your State requirement in addition to the federal citation if desired. Reformatting may be necessary if changes are made to the brochure. UST Insurance Brochure and Introduction (PDF) UST Insurance Brochure Template (Word)

UST Financial Responsibility Insurance Submittal Checklist for Regulators

The State Fund-Financial Responsibility (SF-FR) Task Force created the UST Financial Responsibility Insurance Submittal Checklist to assist States in their evaluation of policies submitted by UST owners/operators for FR compliance. This checklist offers easy to follow yes/no questions and a documentation list that regulators will find to be a valuable resource in their reviews. A Word template is included for States who wish to modify the template for their use. Insurance Submittal Checklist and Introduction (PDF) Insurance Submittal Checklist Template (Word)

Ability to Pay Policy Template and Forms

This document provides a general policy for ability to pay settlements in which an entity’s financial ability to pay is a significant consideration. An ability to pay settlement allows a business or an individual to settle the State’s environmental liability claim for less than the full amount, and it may be a legitimate option if a company or an individual cannot pay the full liability, or if in doing so, it creates a financial hardship. The document also includes two template forms for collecting information from individuals and businesses. All or part of these policies and forms may be adapted by States into the regulatory framework of their unique programs.

Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities

From 2016-2017, the ASTSWMO State Fund-Financial Responsibility Task Force requested information about abandoned USTs and facilities from all State UST programs, and received responses from 31 States. This report summarizes and compiles the responses received, which includes information on how States fund the removal and cleanup of abandoned USTs and facilities; how many abandoned USTs and facilities, and at what costs, have these States addressed; and what incentives or unique programs do States have for addressing abandoned USTs and facilities.

Annual State Fund Survey Archives

The Vermont Department of Environmental Conservation, in partnership with ASTSWMO, conducts a survey of all State Financial Assurance Fund programs and provides results on their design characteristics, funding, and fund activity each year. Archived summaries and tables from previous years are provided below.

State Fund Survey Results 2020

State Fund Survey Results 2019

State Fund Survey Results 2018

State Fund Survey Results 2017

State Fund Survey Results 2016

State Fund Survey Results 2015

State Fund Survey Results 2014

State Fund Survey Results 2013

State Fund Survey Results 2012

State Fund Survey Results 2011

State Fund Survey Results 2010

State Fund Survey Results 2009

State Fund Survey Results 2008

State Fund Survey Results 2007

2006 State Financial Assurance Funds Survey (June 2006)

2005 State Financial Assurance Funds Survey (June 2005)

2004 State Financial Assurance Funds Survey (June 2004)

2003 State Financial Assurance Funds Survey (June 2003)

2002 State Financial Assurance Funds Survey (June 2002)

2001 State Financial Assurance Funds Survey (June 2001)

2000 State Financial Assurance Funds Survey (June 2000)

1999 State Financial Assurance Funds Survey (June 1999)

1998 State Financial Assurance Funds Survey (June 1998)

1997 State Financial Assurance Funds Survey (June 1997)

1996 State Financial Assurance Funds Survey (June 1996)

1995 State Financial Assurance Funds Survey (June 1995)

1994 State Financial Assurance Funds Survey (June 1994)

1993 State Financial Assurance Funds Survey (June 1993)

1992 State Financial Assurance Funds Survey (June 1992)