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)

The purpose the Underground Storage Tank Prevention, Detection, and Compliance Program is to support leak prevention and detection programs for states, tribes, or intertribal consortia. These activities are geared toward bringing all USTs into compliance with release detection and release prevention requirements and minimizing future releases.

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.

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. More information may be found in Program Guidance for Prevention Assistance Agreements Awarded Under the Leaking Underground Storage Tank (LUST) Trust Fund Program (EPA-510-K-25-001, March2025), which may be found at https://www.epa.gov/ust/state-grant-policy-and-guidance. 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. This program makes Federal awards on a discretionary basis. A discretionary award means an award in which the Federal awarding agency, in keeping with specific statutory authority that enables the agency to exercise judgement ("discretion"), selects the recipient and/or the amount of Federal funding awarded through a competitive process or based on merit of proposals. A discretionary award may be selected on a non-competitive basis, as appropriate. For further information, please contact the Headquarters or regional office.

Restrictions differ on whether the grantee is a state or Tribe, as well as if grants are funded using the LUST Trust Fund or STAG. For states, grantees can only use funding for prevention activities spelled out in the EPAct 2005, which can be found here. STAG funding may be used for all prevention activities, not just those spelled out in EPAct 2005. Neither appropriation can be used for LUST cleanup activities. Examples of activities that are restricted from LUST Trust Fund funding but not STAG include: Developing regulations or interpretations to the 2015 UST regulation Tank closure activities Financial responsibility Participation in equipment certification or materials approval activities Performing contractor certifications, such as installer, remover, tester, or repairer. Examples of activities that are restricted from LUST Trust Fund and STAG funding include: Working on permitting programs not directly linked to delivery prohibition. Responding to petroleum releases from vehicle accidents. Using funds to support state fund administrative costs or to help meet the cost-share requirement. Paying finals or penalties. Performing general training activities for UST staff not related to their credentials. Tribes may use LUST Trust Funds for all UST prevention activities, not just those spelled out in EPAct 2005, but must also adhere to the same restrictions that STAG has. A more in-depth discussion on the eligible uses and restrictions of funding in this program may be found in the Leaking Underground Storage Tank Trust Fund Prevention Cooperative Agreement Guidelines (March 2025), found at https://www.epa.gov/ust/state-grant-policy-and-guidance.

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. Typically these agreements are awarded at lengths of 1-2 years.

Preapplication coordination is required. Environmental impact information is not required for this program. 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. EPA financial assistance programs and activities subject to intergovernmental review that are subject to review under State single point of contact procedures are identified at https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section. Applicants for programs or activities subject to Intergovernmental Review that are not subject to State single point of contact review must provide directly affected State, areawide, regional, and local entities at least 60 days to review their application following notification by EPA that the application has been selected for funding as provided by 40 CFR 29.8(a) and (c).

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.

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)).

Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov.

Contact the appropriate Regional Office. See https://www.epa.gov/ust/underground-storage-tank-ust-contacts.

Disputes relating to matters other than the competitive selection of recipients will be resolved under 2 CFR 1500 Subpart E, as applicable.