Underground Storage Tank (UST) Prevention, Detection, and Compliance Program

 

To assist states, territories, tribes, or intertribal consortia (leaking underground storage tank prevention only for tribes or intertribal consortia) that meet the requirements at 40 CFR 35.504 to develop and implement underground storage tank (UST) programs and for leak prevention, compliance, and other activities authorized by the Energy Policy Act (EPAct) of 2005, Public Law 105-276, and EPA's annual appropriations acts. Funding Priorities - Fiscal Year 2023: Assistance agreements to states under Section 2007 of the Solid Waste and Disposal Act will support core program UST activities, implement their leak prevention and detection programs, as well as the 2005 Energy Policy Act (EPAct) leak prevention activities. High priority tasks include providing financial assistance to states for the following: 1) adopting and implementing EPA's recently-released regulatory revisions; 2) approving specific technologies to detect leaks from tank systems; 3) ensuring that tank owners and operators are complying with notification and other requirements; 4) ensuring equipment compatibility; 5) conducting UST inspections; 6) implementing operator training; 7) prohibiting delivery for non-complying facilities; 8) seeking state program approval to operate the UST program in lieu of the federal program; and 9) requiring secondary containment. Leaking underground storage tank (LUST) prevention assistance agreements to states, tribes, or intertribal consortia for activities authorized by EPAct will support states with inspections and other release prevention and compliance assurance activities for federally regulated UST systems, as well as for enforcement activities related to release prevention. A main cause of releases is the lack of proper operation and maintenance of UST systems, which is why the EPA published revised UST regulations in FY 2015 that address these and other important issues. These changes will require subsequent state adoption, applicable updates to state regulations, and updates to state program approval. For tribes, the LUST prevention assistance agreements will assist with all aspects of the tribal programs, e.g., inspection capacity. High priority tasks include providing financial assistance to tribes for: 1) inspecting UST facilities to complete the three-year inspection requirement; 2) developing inspection capacity for tribes; 3) enforcement activities related to release prevention; 4) development of leak prevention regulations and other program infrastructure; 5) helping tribes develop the capacity to administer UST programs, such as providing funding to support training for tribal staff and educating owners and operators in Indian country about UST requirements. These activities are geared toward bringing all UST systems into compliance with release detection and release prevention requirements and minimizing future releases. Priority will be given to providing funds to enable the states to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTs.

Active 66.804 Environmental Protection Agency A - Formula Grants Fiscal Year 2016 In FY 2016, 19 states submitted applications and were awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 54 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia submitted applications and were awarded LUST Prevention assistance agreements. There are no program accomplishments to report for FY 2016 at this time In FY 2016, 19 states submitted applications and were awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 54 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia submitted applications and were awarded LUST Prevention assistance agreements. Program accomplishments for FY 2016 resulted in achieving a significant operation compliance rate of 72.5 percent and decreasing the number of newly-confirmed releases to 5,582.
Fiscal Year 2017 In FY 2017, 15 states are expected to submit applications and be awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 52 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia are expected to submit applications and be awarded LUST Prevention assistance agreements.
Fiscal Year 2018 In FY 2018, 15 states are expected to submit applications and be awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 52 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia are expected to submit applications and be awarded LUST Prevention assistance agreements.
Fiscal Year 2019 From 2008 to 2019, states, EPA, and credential tribal inspectors conducted over 1.1 million inspections at federally regulated UST facilities. In FY 2019 alone, 87,371 on site inspections were conducted. These inspections provide owners and operators with information and support to bring their UST systems into and keep them in compliance. For additional information on accomplishments under this assistance listing, please visit: https://www.epa.gov/ust/20-years-progress-closing-lust-sites
Fiscal Year 2023 In FY 2023, 14 states are expected to submit applications and be awarded STAG assistance agreements. For the LUST prevention assistance agreements, 51 states (including DC) and 4 territories (including Puerto Rico), tribes, or intertribal consortia are expected to submit applications and be awarded LUST prevention assistance agreements. For more information on accomplishments for this program, please visit the following website: https://www.epa.gov/ust/ust-performance-measures. Solid Waste Disposal Act, Section 2007(f)(2)
Solid Waste Disposal Act, Section 9011, 42 U.S.C. 6991
Solid Waste Disposal Act, Section 9013 & EPA's Annual Appropriations Act Prevention, detection, and compliance assistance agreements are only available to states and territories and to federally-recognized tribes and intertribal consortia that must meet the requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-67183, "Update to EPA Policy on Certain Grants to Intertribal Consortia." These assistance agreements may also be used for EPA to help states, who request it, to obtain SEE enrollees through a SEE assistance agreement to work on the state's USTs and to support direct UST implementation programs. States, Territories, Tribes and Intertribal Consortia. States and Territories must either submit certification indicating the State or Territory meets the applicable EPAct provisions, or submit documentation describing the State or Territory's efforts to meet the requirements, in accordance with EPA's EPActgrant guidelines ( see https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts). The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally-recognized Tribes and Intertribal Consortia. Preapplication coordination is required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov. These funds are awarded non-competitively. Applications will be subjected to administrative evaluation to determine the adequacy of the application in relation to assistance agreement regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will advise the applicant if funding is being considered. A final work plan will be negotiated with the applicant. An assistance agreement must be signed between EPA and the state or territory or EPA and the tribe or intertribal consortia. EPA awards the assistance agreements to states through a previously established allocation process, issued under national guidance rather than through competition (see 40 CFR 35.332 and EPA Order 5700.5, Section 6(c)(1)). Contact the headquarters or regional location, as appropriate for application deadlines From 90 to 120 days. Copies of these procedures may also be found at: https://www.epa.gov/grants/grant-competition-dispute-resolution-procedures. Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. Contact the appropriate Regional Office. See https://www.epa.gov/ust/underground-storage-tank-ust-contacts. This program allocates funding to states and tribes non-competitively under the allocation system . Funding provided to states for release prevention must be expended in accordance with grant guidelines EPA issued to implement the Title XV, Subtitle B of the Energy Policy Act of 2005, https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts. LUST prevention assistance agreements are Continuing Environmental Program Grants. States and tribes may use financial assistance under this program for eligible and allowable costs incurred under assistance agreements for leak prevention, detection, and compliance, as described in the Section:50 Funding Priority. Assistance agreements are available to support recipients' eligible and allowable direct costs incurred under an approved work plan plus allowable indirect costs, in accordance with established EPA policies and regulations. Unlike State and Tribal Assistance Grant (STAG) funding under Section 2007(f) of the Solid Waste Disposal Act (SWDA), the LUST prevention funding under Section 9011 and other applicable provisions of Subtitle I of the SWDA is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA may award combined STAG funded UST prevention, detection, and compliance assistance agreements authorized by Section 2007(f) with LUST prevention assistance agreements authorized by Subtitle I if the combined agreement is not included in a Performance Partnership Grant. Performance Reports: Annual reviews are conducted to determine recipients' progress in meeting overall program goals. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. The record retention requirements of 2 CFR 1500.6 are applicable depending upon the identity of the recipient. Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients grants and cooperative agreements records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports as required by 2 CFR 200.334. If questions, such as those raised because of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved. Statutory formula is not applicable to this assistance listing.

Matching is voluntary. 25%. The UST prevention, detection, and compliance Solid Waste Disposal Act 2007(f) assistance agreement (STAG) program has no statutory formula or matching requirement. However, there is a 25 percent matching requirement (cost share) for States under 40 CFR 35.335. State matches (cost shares) may include in-kind contributions. Under 40 CFR 35.332, EPA regions allocate funds to states based on their programmatic needs and applicable EPA guidance. Factors include the number of active federally-regulated petroleum USTs. LUST prevention funding is awarded under Section 9011 and other applicable provisions of Subtitle I of the Solid Waste Disposal Act subject to an allocation process developed by the Agency. The Agency distributes funds based on the number of federally-regulated petroleum USTs in a state and other indicators of state needs. States will provide a 25 percent match (cost share) for assistance agreements awarded under Section 9011 and other applicable provisions of Subtitle I. If EPA awards a state a combined UST prevention, detection, and compliance (STAG) and LUST prevention assistance agreement, the 25 percent cost share will apply to total project costs for the combined assistance agreement. There is no matching requirement (cost share) for prevention, detection, and compliance assistance agreements for tribes or intertribal consortia awarded pursuant under Public Law 105-276 or the Agency's annual appropriation act.

MOE requirements are not applicable to this assistance listing. The terms of the assistance agreement shall be determined at the time of award by the specific EPA regional office. Assistance agreements can be awarded on a single- or multiple-year basis up to seven years. Method of awarding/releasing assistance: Lump. For state-specific opportunities, EPA encourages potential state applicants to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see https://www.epa.gov/ust/underground-storage-tank-ust-contacts). Richard Canino
Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W. (Mail Code: 5401T )
Washington, DC 20460 US
Canino.Richard@epa.gov
Phone: 202-564-0394 https://www.epa.gov/ust 68-8153-0-7-304 (Formula Grants) FY 22$26,844,000.00; FY 23 est $27,801,000.00; FY 24 est $27,801,000.00; FY 21$26,884,000.00; FY 20$26,818,000.00; FY 19$26,867,000.00; FY 18$26,833,000.00; - STAG Obligations - Grants to States: FY 23 Estimate $1,505,000. LUST Prevention Obligations - Assistance Agreements to States and Tribes: FY 23 Estimate $25,369,000. $1,505,000 in STAG grants to states + $25,369,000 in LUST prevention grants to states/tribes The State and Tribal Assistance Grants (STAG) and LUST prevention financial assistance is based on states' needs. FY 2023 STAG funding for states and territories: The range was $22,500 - $269,036, and the average was $107,500. There is no STAG distribution for Tribes. FY 2023 Prevention funding for states and territories: The range was $86,275 - $1,346,136 and the average was $455,324. FY 2023 Prevention funding for Tribes: The range was $20,000 to $200,000 and the average as $74,531 with an average of 16 cooperative grants awarded. 2 CFR 200 and 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); 40 CFR Part 33 (Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs); 40 CFR Part 35 SubPart A (Environmental Program Grants) or SubPart B (Environmental Program Grants for Tribes). Contact Regional UST Program Manager for additional guidance documents. Fiscal Year 2016 UST prevention, detection, and compliance assistance agreements' funded projects include functions necessary for the development and/or implementation of a State or Indian underground storage tank (UST) program. Those functions included the development and/or implementation of enforcement and inspection programs, outreach, and training related to the underground storage tanks program. Specific examples of funded projects in FY 2016 are state inspections, enforcement, development of regulations, other program infrastructure, and to support direct tribal UST implementation programs.
Fiscal Year 2017 No content available
Fiscal Year 2023 For examples of the types of projects funded under this assistance listing, please visit: https://www.epa.gov/ust.