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Leaking UST Program

Fact Sheet

Leaking Underground Storage Tank Sites Transferring to the Site Remediation Program

An owner or operator of an underground storage tank (UST) may transfer a Leaking Underground Storage Tank (Leaking UST) incident to the Site Remediation Program (SRP) for purposes of remediation and obtaining a No Further Remediation (NFR) Letter from the Illinois Environmental Protection Agency (Illinois EPA). The form to execute the transfer is available to complete online and print before sending to the Illinois EPA. Note: Only the owner or operator of the UST can request the transfer of a Leaking UST incident.

What is the SRP?

The SRP is a program under which participants may voluntarily clean up contaminated sites and receive Illinois EPA approval and release of further responsibility for remedial activities.
The SRP provides the following services:

The SRP will review investigation and remedial action reports.
The SRP may inspect the site; evaluate, collect, and analyze site samples; help with community relations; and assist with the establishment of remediation objectives.
The SRP can approve remedial action completion reports and issue NFR Letters.

Unlike the Leaking UST Program, a participant (Remediation Applicant, or RA) in the SRP must pay for Illinois EPA oversight services, including an NFR Letter assessment fee. The SRP requirements are found in Section 58 of the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 Ill. Adm. Code) 740.

Why might I want to transfer my leaking UST site to the SRP?

In the SRP, the RA can choose whether to conduct a "comprehensive" or a "focused" investigation and cleanup. This flexibility allows SRP participants to tailor remedial activities to their goals (for instance, property sales and redevelopment). A comprehensive investigation and cleanup would address all recognized environmental conditions and all related contaminants of concern that may be expected to exist at a remediation site. This would include the tank release as well as other contamination at the site. RAs may choose to perform a focused investigation and cleanup when they want to specify limitations on the recognized environmental conditions or contaminants of concern. For example, the remediation may be limited to the investigation and cleanup of benzene. An SRP NFR Letter, however, may not limit the participant's liability under the Leaking UST Program. If any Leaking UST Program requirements are not met in the SRP (for example, addressing off-site contamination), the leaking UST owner or operator will still be required to address those concerns in the Leaking UST Program.

What Leaking UST Program requirements must I meet when transferring my site to the SRP?

U.S. EPA Region 5 has approved the use of the SRP for leaking UST sites subject to federal law. Therefore, any site subject to 35 Ill. Adm. Code 731, 732, or 734 may elect to conduct remedial activities under the SRP (Part 740) provided the reporting requirements of Part 731, Part 732, or Part 734 are satisfied.

The reporting requirements to be met by the leaking UST owner or operator are as follows:

Report the UST release to the Illinois Emergency Management Agency within 24 hours of discovery of the release.
Submit the 20-day and 45-day reports.
Submit a free product report, if applicable.

Will any of my costs be payable from the UST Fund?

No. Leaking UST owners or operators may only seek payment from the UST Fund for eligible activities conducted before they enroll in the SRP. The owner or operator cannot be paid from the UST Fund for remedial activities performed after acceptance into the SRP. This includes actions taken to address leaking UST concerns (e.g., off-site contamination) after issuance of an NFR Letter by the SRP.

How do I transfer my leaking UST site to the SRP? What should I do after that?

Leaking UST owners or operators who choose to participate in the SRP must:

Complete the Election to Proceed under the Site Remediation Program form.
Complete the SRP Application and Services Agreement Form (DRM-1), and pay the advance partial payment to the Illinois EPA.
Submit to the Illinois EPA the applicable plans and reports as required by the SRP under 35 Ill. Adm. Code 740 (Site Investigation Report, Remediation Objectives Report, Remedial Action Plan, and Remedial Action Completion Report). All site activities and report preparation must be conducted by, or under the general supervision of, an Illinois Licensed Professional Engineer, except that, for a Site Investigation Report only, an Illinois Licensed Professional Geologist may make the certification.
Determine remediation objectives in accordance with 35 Ill. Adm. Code 742 (Tiered Approach to Corrective Action Objectives).
Perform remedial action as required by the SRP under 35 Ill. Adm. Code 740.
Pay for review services provided by Illinois EPA.
Pay the NFR Letter assessment fee as required by the SRP under 35 Ill. Adm. Code 740.
Record the NFR Letter with the county recorder's office.
Submit to the Illinois EPA a copy of the properly recorded NFR Letter.
Complete remedial activities for any portion of the petroleum release not addressed in the NFR Letter issued by the SRP.

Where can I get more information?

Before transferring a leaking UST site to the SRP, owners or operators are advised to confer with their environmental consultant and attorney. They may also wish to contact the Leaking UST Section project manager assigned to their site for a thorough explanation of the SRP option. The Leaking UST Section telephone number is 217-782-6762. To obtain information about the SRP, please call the SRP at 217-782-6761 or visit the SRP Web page.

This fact sheet is for general information only and is not intended to replace, interpret, or modify laws, rules, or regulations.

Last updated: June 2008

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