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News Release
RI Department of Environmental Management
235 Promenade Street, Providence, RI 02908
(401) 222-2771 TDD/(401) 222-4462

For Release: August 4, 2005
Contact: Gail Mastrati 222-4700 ext. 2402
Stephanie Powell 222-4700 ext. 4418

DEM SAYS THAT MAJORITY OF FACILITIES WITH FEDERALLY REGULATED UNDERGROUND STORAGE TANKS HAVE FULFILLED REQUIREMENTS OF NEW MANDATORY SELF-CERTIFICATION PROGRAM
Gas Station Owners and Operators Not in Compliance Will Face Penalties from DEM

PROVIDENCE - The Department of Environmental Management announces that 77 percent of owners and operators of gas stations and other entities with federally regulated underground storage tanks have satisfied the requirements of a new, mandatory self-certification compliance program that took effect on June 28. The program allows underground storage tank owners, using a workbook and checklist, to self-certify to DEM that they are complying with the environmental requirements that apply to their business. It is fashioned after DEM's successful self-certification "environmental results" program currently utilized by autobody shop owners.

Of the 667 federally regulated facilities in the state, 514 completed and submitted the required Environmental Results Program's Compliance Certification Checklist & Forms Booklet by the June 30th deadline. However, required submittals from 153 regulated facilities were still outstanding as of July 27. In response, DEM issued a Notice of Intent to Enforce to each of these facilities, notifying them that they will face formal enforcement action and administrative penalties of up to $25,000 per day from DEM if they do not submit the required certification documents to the Department by August 31.

Under legislation passed by the General Assembly in 2001, all underground storage tanks subject to registration must be inspected every two years. In a move to more effectively manage limited resources and, at the same time, educate regulated facilities about their environmental impact and obligations, DEM chose to take the self-certification "environmental results" approach. Along with self-certification, DEM will randomly inspect about 100 of the facilities per year. The 667 regulated facilities, mostly gas stations, have over 1,900 underground storage tanks. Data from both self-certification and inspections by DEM staff can be used to strategically target inspections and compliance assistance efforts, track results to show success, and, as appropriate, take enforcement action.

DEM worked with a group of regional oil company representatives and gas station owners, and with the US Environmental Protection Agency's New England office, to develop the self-certification program. DEM's innovative approach to underground storage tank control provides compliance assistance including intensive training for owner/operators, a self-training workbook that explains all of a facility's environmental obligations, and proposed pollution prevention and health and safety practices. Owners and operators use the workbook to determine if their facility is in compliance, and fill out an accompanying checklist, which ends with a legally binding certification statement which must by signed by the facility owner and underground storage tank operator. If the facility is not in compliance with a particular checklist item at the time of certification, detailed plans that address coming into conformance with environmental regulations must be submitted.

Earlier this year, DEM held six training sessions on the self-certification program across the state for owners and operators of facilities with regulated underground storage tanks. Close to 300 individuals participated in the training sessions.

Leaking underground tanks are the most common source of groundwater contamination, and petroleum is the most common contaminant. Two thirds of Rhode Island communities rely in whole or in significant part on groundwater for their drinking water supplies, and 12 of those communities derive all of their drinking water from groundwater.

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