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The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2017 report titled:
Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities (“Report”)
The Report was prepared by the State Fund – Financial Responsibility Task Force (Tanks Subcommittee) (“Task Force”) of ASTSWMO.
ASTSWMO describes itself as an organization representing 50 states, five territories, and the District of Columbia, whose mission is to enhance and promote effective state and territorial programs and to affect relevant national policies for waste and materials management, environmentally sustainable practices, and environmental restoration.
The Report states that abandoned underground storage tanks (“USTs”) “has been the topic of some rather animated discussions at recent meetings of tanks program managers.”
The Task Force defines abandoned USTs (for purposes of requesting certain information from the states) as tanks that meet three conditions:
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Federally regulated tanks remain in the ground and have not undergone proper closure;
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the presence of contamination around the tanks is unknown; and
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there is no viable RP to perform closure.
The Task Force was charged with collecting information about abandoned UST programs around the country. As a result, the Task Force distributed a request for information to all states. The request for information was limited to federally regulated USTs (unless otherwise specified). Responses were stated to have been received from 31 states. The points developed in the Report and summaries of the information received are provided. The Report also contains links or references to unique program guidance, regulations, and/or statutes unique to a state addressing abandoned USTs and facilities.
A few of the points contained in the Report include:
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Twelve of the 31 states that responded provide funding for removal of abandoned USTs (in some situations)
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The 12 states providing funding are funded by various sources such as:
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State petroleum funds
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Federal LUST funds
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Brownfield funds
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Tax on petroleum at the first point of sale
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UST property redevelopment trust fund (funded by fee on petroleum manufactured in or imported into the state)
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One-time funding through appropriation
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Cost information was provided by eight states estimating removal
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Tools for preventing abandoned USTs
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23 states provided information regarding remaining abandoned tanks numbers
One of the key conclusions of the Report is that states could be assisted in developing or enhancing an abandoned UST program by the development of a “compendium of ‘abandoned tanks programs’ stories.”
A copy of the Report can be downloaded here.
