The Underground Storage Tank (UST) Corrective Action Fund (Public Act 416 of 2014) was enacted on December 30, 2014. The fund's main objectives are to reimburse owners and operators (O/Os) for eligible corrective action undertaken to bring their UST systems into compliance with the Leaking Underground Storage Tank (LUST) regulations and to assist O/Os in meeting their financial responsibility obligations required under the UST regulations.
More than $20 million has been deposited into the fund at this time; over $30 million is expected to be available by January 2016. While technically available for eligible releases discovered after its enactment, the fund cannot be accessed until procedures are in place for its implementation. An Underground Storage Tank Authority Board was established in June 2015 to oversee the fund and to develop procedures for its implementation. On August 25th, the Board appointed Bob Reisner, MDEQ-RRD, as the Fund Administrator. The Administrator's priority is to submit a State Application for Financial Responsibility Determination to the EPA. Once approved, which could be as early as October 1, 2015, O/Os can rely on the fund for financial assurance. You are encouraged to maintain your current financial responsibility mechanism (insurance policy, etc.) until the Board officially acknowledges that the EPA has approved the application.
It was initially anticipated that the fund would be ready to accept claims by October 1, 2015; however, that date has been extended. The Administrator intends to have procedures in place by November 1st to begin accepting a "Request for Determination" from O/Os to determine their eligibility for the Fund. It is anticipated that the fund will be ready to accept claims beginning January 1, 2016. The Department of Environmental Quality (DEQ) is currently developing a web page to present procedures, online forms and other information regarding the fund. The page is expected to be available by September 1st. Once live, the DEQ web page will be available under the Underground Storage Tank Authority tab. We also will provide the link on our website, and through our social media channels.
Envirologic has over 26 years of experience with Michigan's LUST Regulations and has been successfully involved in each of the reimbursement programs offered by the state. Our team has successfully conducted numerous LUST remedial investigations, cleanups and closures and would welcome the opportunity to assist you with your environmental needs and potentially accessing the new program.
Please contact Paul French at 269.342.1100 with any questions you may have or clarifications needed.
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