This webinar is designed to provide an overview of the financial responsibility (FR) requirements for Underground Storage Tanks (UST). These requirements often live in the background and are overlooked even by the those that have extensive experience working with USTs. This webinar will also provide an overview of the federal regulations, along with some state specific regulations, and is intended for those that are new to working with USTs as well as those who are interested in learning about the role of financial responsibility for USTs.
The Financial Responsibility Task Force has created a document that captures the programmatic details of State and Territorial Tank programs that fund UST release prevention, also known as pay for prevention programs (PFPs). Each program summary is formatted with program contact information, associated web addresses, and brief summaries of each program.
The ASTSWMO Financial Responsibility Task Force has collected data from thirty-eight States on their reimbursement rate establishment processes regarding cleanup costs associated with tank releases with contamination. This document serves as a Part I as it focuses on States that establish their rates every 1-3 years.
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.
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.
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)
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)
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.
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.
