State Financial Assurance Funds
EPA's federal financial responsibility regulation requires UST owners and operators have the ability to pay for cleanup or third-party liability compensation. According to the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) State Fund Survey, since 2002 state UST financial assurance funds have paid approximately $10 billion to clean up leaking UST sites. Many states have various funds to clean up UST releases, but not all meet the federal financial responsibility regulation, for example abandoned tank funds.
Status of State UST Financial Assurance Funds
- Thirty-six states have state financial assurance funds, which help UST owners comply with the federal financial responsibility regulation. These funds pay to clean up newly reported releases as well as ongoing cleanups.
- Five states have funds that no longer provide financial responsibility for UST owners, but continue to pay for those ongoing cleanups where they assumed financial responsibility in the past.
- Nine states, the District of Columbia, and five territories rely entirely on EPA-approved, privately-funded financial responsibility mechanisms to finance all UST cleanups and comply with the federal financial responsibility regulation.
- The design and policies of states’ assurance funds differ. For state and territorial UST-LUST program status and more information on the state’s fund program, select a state or territory below.
State Funds by Type
- List of States Where Active Fund Pays for New and Past Releases (36 states)
- New Hampshire
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- List of States Where Fund Pays for Past Releases Only (5 states)
- List of States With No Fund That Provides All Federally-Required Coverage (9 states, DC, and 5 territories)
Oversight of State UST Financial Assurance Funds
- EPA developed Guidance for Regional Office Review of State Underground Storage Tank Financial Assurance Funds (PDF) (18 pp, 87 K, About PDF) to help ensure the adequacy of state UST financial assurance funds. The guidance provides EPA regional offices with recommended procedures and factors to consider for monitoring the soundness of state UST financial assurance funds. It applies to the 40 states (listed in the first two headings of the table above) that continue paying to clean up UST releases for which the fund has assumed financial responsibility.
- EPA regional offices approve state UST financial assurance funds and ensure the funds fulfill the federal financial responsibility regulation. EPA regional offices may also withdraw state fund approval.