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Underground Storage Tanks

The Tax That Funds Tank Cleanups Hasn't Moved Since 1987

Summary

States have paid out $20 billion of their own money since 2002 cleaning up leaking gas station tanks. The federal backstop — a 0.1-cent-a-gallon fuel tax untouched for 39 years — raised $62 million this year, and 52,859 sites are still leaking.

By Locusta · July 9, 2026

Every gas station in the country sits on a tank buried in the ground, and eventually, some of those tanks leak. Congress built a system for this in 1986: a small tax on every gallon of motor fuel sold, feeding a federal trust fund to pay for cleanups when the tank owner can't or won't. Forty years later, that federal tax is still exactly what it was on day one — 0.1 cent a gallon, per the 1997 Congressional Research Service report that first documented the rate, never adjusted since. States, meanwhile, have quietly picked up the actual bill.

State fund spending since 2002
$20B
36 states, own money
Sites still leaking
52,859
as of March 2026
Inspected tanks in full compliance
60.9%
FY2026, all 4 standards

The federal share is a rounding error

The LUST Trust Fund — Leaking Underground Storage Tank, an unfortunate but accurate acronym — took in "over $62 million" for the entire country in fiscal year 2026, more than 86% of it passed straight through to states, territories, and tribes to run their own cleanup and prevention programs. That's the whole federal contribution for a year.

Compare that to what states have actually spent keeping the system functional. Thirty-six states run their own UST financial assurance funds, and according to the Association of State and Territorial Solid Waste Management Officials' State Fund Survey, those funds have paid out roughly $20 billion since 2002 cleaning up leaking tanks — money raised through state fuel fees and industry assessments, not the federal tax at all.

Who actually pays for tank cleanups
State funds: cumulative total, 2002–2026. Federal trust fund: one fiscal year, FY2026. Different time bases, shown together to scale the gap.
State assurance funds (36 states, since 2002)
$20B
Federal LUST Trust Fund (FY2026 only)
$62M
Source: EPA, State Financial Assurance Funds (ASTSWMO survey) and Leaking Underground Storage Tank Trust Fund
View data as table
Cumulative state spending vs. one year of federal funding
State assurance funds, cumulative since 2002$20,000,000,00036 states
Federal LUST Trust Fund, FY2026 appropriation$62,000,000one year

Even stretched across 24 years, $20 billion averages out to roughly $833 million a year in state spending — more than thirteen times the entire federal appropriation, in a single one of those years. The trust fund built to backstop this system doesn't backstop it. States do.

Forty years in, the backlog is still five digits long

The federal program has been running since 1984. It has confirmed 583,313 tank releases and closed out 530,454 of them. The remainder — every one a site where petroleum contamination has been found and not yet cleaned up — still runs 52,859 sites deep, per 's own mid-year FY2026 performance report.

Forty years of tank releases, confirmed vs. cleaned up
Cumulative totals since program inception in 1984, as of March 2026
Confirmed releases, cumulative since 1984
583,313
Cleanups completed, cumulative since 1984
530,454
Still awaiting cleanup, as of March 2026
52,859
Source: EPA, Semiannual Report of UST Performance Measures, Mid Fiscal Year 2026
View data as table
Confirmed releases, completed cleanups, and the remaining backlog
Confirmed releases (cumulative since 1984)583,313
Cleanups completed (cumulative since 1984)530,454
Still awaiting cleanup (March 2026)52,859

In just the six months covered by that report, states confirmed 1,997 new releases and completed 2,947 cleanups — a net backlog reduction of 950 sites in half a year. At that pace, and assuming no new leaks ever surface again, clearing the existing 52,859-site backlog would take on the order of 27 years. New leaks will surface. The backlog isn't closing; it's being managed down slightly faster than it refills.

Most inspected tanks still fail something

The other side of this system is prevention: keeping tanks from leaking in the first place. 's UST program conducted 38,326 on-site inspections nationwide in the six months ending March 2026, checking facilities against four federal safety standards — spill prevention, overfill prevention, corrosion protection, and release detection.

Where inspected tanks fall short
Share of recently-inspected UST facilities in compliance, by requirement, mid-year FY2026
Spill prevention
82.1%
Overfill prevention
83.1%
Corrosion protection
90.7%
Release detection
71.5%
Full compliance (all four)
60.9%
Source: EPA, Semiannual Report of UST Performance Measures, Mid Fiscal Year 2026 (Technical Compliance Rate table)
View data as table
Compliance rate by requirement category
Spill prevention82.1%
Overfill prevention83.1%
Corrosion protection90.7%
Release detection71.5%
Full compliance (all TCR categories)60.9%of inspected facilities

Corrosion protection is in decent shape — 90.7% compliant, the kind of number a system can live with. Release detection, the equipment that actually catches a leak as it happens, clears only 71.5%. Put all four requirements together and just 60.9% of inspected tanks meet every standard at once — meaning four in ten tanks 's inspectors actually looked at, in the country that invented this regulatory system in 1984, fail at least one of the rules meant to keep the next 52,859-site backlog from happening.

The takeaway

  • The federal trust fund is a fraction of the real cost. $62 million a year, against $20 billion in state spending since 2002 — the tax written in 1986 was never built to carry this system, and it hasn't been asked to in decades.
  • The tax hasn't moved because nobody's touched it. 0.1 cent a gallon, unchanged since 1987, while the backlog it's supposed to help fund has sat above 50,000 sites for years.
  • The backlog isn't a snapshot — it's a rate problem. At the current pace of net cleanup, the existing 52,859-site backlog clears in roughly 27 years, and that's before counting the leaks that haven't happened yet.
  • Prevention is failing at almost the same rate as cleanup is winning. Only 60.9% of inspected tanks pass every federal safety standard at once — the gap where tomorrow's backlog is already forming.

All dollar figures are nominal, not inflation-adjusted. "Since 2002" state fund totals and "since 1984" federal cumulative totals are both as reported by their respective sources and are not directly comparable timeframes; each is labeled by its own window in the charts above. The 27-year backlog projection is this publication's calculation from 's six-month net cleanup rate, not a figure itself publishes.

Sources

  • U.S. Leaking Underground Storage Tank Trust Fund — the federal program's tax mechanism (0.1 cent/gallon), FY2026 appropriation ($62 million), and the 86%-to-states funding split. epa.gov/ust/leaking-underground-storage-tank-trust-fund
  • U.S. State Financial Assurance Funds — the 36-state count and the $20 billion cumulative state cleanup spending figure, citing the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) State Fund Survey. epa.gov/ust/state-financial-assurance-funds
  • U.S. Semiannual Report of UST Performance Measures, Mid Fiscal Year 2026 (October 2025–March 2026) — cumulative confirmed releases (583,313), cumulative cleanups completed (530,454), remaining backlog (52,859), inspection totals (38,326), and the national Technical Compliance Rate table. epa.gov/system/files/documents/2026-06/performance-measures-mid-year-fy-26.pdf
  • Congressional Research Service, Leaking Underground Storage Tank Trust Fund (LUST), Report 97-472 — establishes that the 0.1 cent/gallon tax dates to the Superfund Revenue Act of 1986 and has never been changed, republished via EveryCRSReport.com. everycrsreport.com/reports/97-472.html
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