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Appendix A State Performance Measures OSWER Directive 9610.6 The UST Program Appraisal Strategy May 6, 1988

APPENDIX A
STATE PERFORMANCE MEASURES

  1. State Prevention Program Measures
  2. State Clean-up Program Measures
  3. State Program Priorities Measures

OSWER DIRECTIVE 9610.6

STATE PROGRAM APPROVAL

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. Successfully meet all the requirements for State program approval.

2. Develop final applications for State program approval, and submitting to EPA Regional offices.

A. Has the State met the "no less stringent federal objectives" for State program approval as cited in the State Program Approval Handbook?

A. The State is developing/implementing authorities no less stringent than the Federal requirements.

B. Does the State have adequate enforcement and compliance monitoring for State program approval? (i.e., legal authorities, comparable public participation procedures and staffing)

B. The State is developing/implementing the capabilities, policies and procedures, necessary for State program approval in the areas of enforcement, compliance monitoring, and public participation.

C. Has the State submitted a final application for State program approval?

C. State is working with the Region to develop/implement a final application.

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OSWER DIRECTIVE 9610.6

COMPLIANCE ASSISTANCE, MONITORING AND ENFORCEMENT

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. Promote compliance with the technical and financial responsibility regulatory requirements.

Various means may be used to achieve the objective of compliance; for example:

- Traditional enforcement: administrative orders, judicial orders, temporary or permanent restraining orders (with publicity of the actions).

- Alternative compliance techniques: field citations, permit leverage, enforcement outreach, alternative cost recovery approaches, targeted inspections.

A. Has the State developed and distributed outreach materials for the regulated community?

A. State has worked with the industry and industry trade associations to develop or has developed materials to distribute to owners/operators on regulations and tank management practices.

B. Has the State been responsive to inquiries from the regulated community?

B. The State responds to the regulated community in a timely fashion. State identified areas where compliance is inadequate and developed innovative mechanisms to address these needs.

C. Does the State have procedures in place for an effective compliance monitoring and enforcement program?

C. State is developing/implementing procedures for implementation of a compliance monitoring and enforcement program.

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OSWER DIRECTIVE 9610.6

CORRECTIVE ACTION

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. Encourage and oversee responsible party cleanups.

2. Undertake state corrective action and remedial responses in a timely and appropriate fashion.

A. Has State set up an effective tracking system for overseeing Responsible party clean-ups?

A. State has set up an effective tracking system.

B. Did the State initiate the use of innovative compliance techniques to encourage responsible party clean-ups?

B. State is developing/implementing innovative compliance techniques to encourage responsible party clean-ups.

C. Has the State developed procedures for protecting human health and water supplies by providing for temporary relocation of residents or temporary alternate water supplies as needed?

C. The State is developing/implementing procedures for temporary relocation of residents and the provision of temporary water supplies.

D. Has the State developed/implemented procedures for initiating long-term remediation of the ground water?

D. The State is developing/implementing procedures for initiating long-term remediation of the ground water.

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OSWER DIRECTIVE 9610.6

COOPERATIVE AGREEMENTS

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. Successfully carry out all of the basic provisions set forth in cooperative agreements.

A. Is the State implementing its workplan and meeting its workplan schedule?

A. State has implemented a workplan that addresses all elements required under Trust Fund Guidance and is meeting all workplan schedules and commitments on time.

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OSWER DIRECTIVE 9610.6

COST RECOVERY

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. Recover from liable owners or operators, the costs of undertaking a corrective action or enforcement action with respect to a release from an underground storage tank.

A. Does the State have the legal authority to carry out cost recovery actions?

A. States with cooperative agreements have necessary legal authority.

B. Has the State developed cost recovery policies and procedures including: a written priority system for determining appropriate cost recovery sites; an accounting system to track site-related costs; a means of tracking and documenting cost recovery efforts?

B. States with cooperative agreements have cost recovery policy and procedures in place.

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OSWER DIRECTIVE 9610.6

6. PROGRAM APPRAISAL ROLES

STATE ACTIVITIES MEASURES DEFINITION OF PERFORMANCE EXPECTATIONS

1. State maintains adequate records for the purposes of review.

2. State maintains a working automated data processing system to store notification information.

A. Does State have a functional data processing system which can produce the information requested by the Region and the public in a timely fashion?

A. State is developing/implementing a data processing system that is able to store, and produce information necessary for the development, implementation, and running of limited aspects of their UST program.

3. Produce aggregate tank notification reports for EPA on an annual basis.

B. Does the State report aggregate data on its tank universe that is accurate and timely?

B. State reporting data is timely, accurate, detailed and innovative. No corrections are required.

[ Directive 9610.6 ]

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