UST FUND UPDATES
Regulatory Guidance, Compliance, Reimbursement, and more
Impact of state and federal gas tax holidays on UST cleanups
While it’s not always easy to ascertain if these measures provide lower gas prices at the pump, underground storage tank (UST) owners and contractors are left to question what their future might hold in terms of ongoing cleanup projects.
Horrors of Underground Storage Tank Reimbursement
As Halloween approaches, it’s time for spook and ghoul enthusiasts everywhere to put the final touches on their plans for a frightful night of horror-filled fun. No matter how much you like to be “spooked,” there are some scares that no individual should tolerate, like the avoidable losses from mistakes made during an underground storage tank (UST) cleanup claim or the little monster of an inefficient process that is disrupting your business.
Shortages in UST Supply are Driving New Regulatory Challenges
In a unique turn of events, supply chain issues have posed an intriguing challenge to underground storage tank owners and operators nationwide.
Know Your UST Program: Michigan
The Michigan Underground Storage Tank Authority (MUSTA) program has been open since 2014. Any release that has been discovered and reported on or after 12/30/2014 is eligible for the MUSTA program. There is a $10 thousand deductible and a $1 million cap for all eligible releases.
The state’s other UST program, the Legacy Release Program (LRP) was created in 2017. Unlike MUSTA, LRP was specifically created for releases that were discovered, reported, and not closed before 12/30/2014. There is no deductible in the LRP, however, there is a 50% copay on all approved costs, as well as a $50 thousand cap per release.
Is There a Red Tag in Your Future?
No time to waste for tank owners to meet the deadline for Single Wall Tank compliance and avoid penalties and funding issues for releases. Avoid a red-tagged tank and learn more about financial help available for eligible small businesses.
Old USTs? New CO Policies Offer Incentives
As an underground storage tank (UST) owner or operator, you know the lurking prospect of discovering a release upon equipment upgrade or tank removal and the potential cost to your business through business disruption or costly clean-up activities. To encourage compliance for operating fuel-dispensing facilities and to promote the environmental benefits of removing tank systems without replacing, Colorado’s Petroleum Storage Tank Committee is now offering incentives to defray the often-unanticipated costs of cleaning up a new release. Continue reading to learn more about how these incentives can minimize the cost to your business and how Pinnacle EMS can help you leverage this program while focusing on your business.
Michigan's New Legacy Release Program
Michigan’s legislators and governor have approved House Bill 4583, which requires creation of the Legacy Release Program (LRP). Due to a surplus in the Refined Petroleum Fund, owners and operators with legacy releases could now have access to funding.
Illinois EPA Change in Claim Reviews
In the last couple of months, Pinnacle EMS has seen a concerted change to the way the Illinois EPA (IEPA) is reviewing reimbursement submittals against approved budgets. Approved budgets became a requirement of the regulations on 6/8/2010. Until very recently, when the IEPA reviewed a claim, they would consider the approved budget in its entirety, rather than in a line by line fashion.
Good News in Indiana! Changes to UST Cleanup Reimbursement Law
Effective July 1, 2017, Indiana House Bill 1495 will benefit claimants of the Excess Liability Trust Fund (ELTF). Costs paid by the claimant to technicians for services performed in preparation of the claimant’s ELTF claim will be reimbursable. So, reasonable costs for obtaining professional assistance with claims will no longer be an out-of-pocket expense for claimants.
Bill for Funding IL LUST Fund on Governor's Desk
Affected stakeholders of the Illinois Leaking Underground Storage Tank (LUST) Fund should take note of SB2046. This bill was presented yesterday, April 14, to Governor Rauner for approval. SB2046 includes Article 5 that would issue appropriations to the LUST Fund and allow immediate payment to existing approved reimbursement claims.
IN Fund Improvements Proposed in SB 255
Indiana Senate Bill 255 proposes to accelerate and increase the number of claim payments from the Excess Liability Trust Fund (ELTF). The bill also calls for a 90-day review period for IDEM to approve or deny a Corrective Action Plan (CAP). This provision could greatly improve the current CAP approval process, which can be unreasonably long and cause reimbursement delays