PST State Lead: Is My Site Eligible?
The Petroleum Storage Tank (PST) State-Lead Program of the TCEQ directs state contractors to conduct corrective action at leaking petroleum storage tank (LPST) sites in Texas that cannot be addressed by owners/operators.
- Financially Unable Responsible Party (RP)
- TCEQ admits most sites into the PST State-Lead Program under the financially unable criterion. Admission to the PST State-Lead Program is contingent upon the the inability to financially perform the necessary corrective action at the site and submitting a site access agreement that allows agents of the TCEQ to enter the premises to conduct corrective actions.
- Unknown RP's
- The PST State-Lead Program is responsible for conducting corrective action at LPST sites where the RP is unknown or unavailable, or where the source has yet to be determined.
- Unwilling RP's
- The TCEQ can refer a site to the PST State-Lead Program when the RP is determined by to be unwilling to pursue corrective action directives issued through the Responsible Party Remediation Program. In such cases, the PST State-Lead Program will assume corrective action at sites that pose a risk to human health and/or the environment. However, the unwilling RP will be subject to cost-recovery proceedings to recover state costs associated with the administration and work performed under PST State-Lead Program contracts.
- Emergency Response
- The PST State-Lead Program provides emergency initial response and corrective action at LPST sites that have a vapor impact or other hazardous situation resulting from a release of a storage tank. The TCEQ will arrange for emergency contractors to respond immediately and abate the existing hazard.
- Multisource Contamination
- The PST State-Lead Program can provide corrective action where multiple leaking petroleum storage tanks (LPSTs) originating from different responsible parties (RPs) have contributed to a single contaminant plume. The PST State-Lead Program incorporates such multisource sites into a single LPST site. Unknown RPs and sources can comprise multisource sites.
- Before referral of a multisource site to the PST State-Lead Program, the Responsible Party Remediation Program will attempt to mediate a consensus among the known RPs to retain a single environmental consultant who will conduct corrective action on behalf of all RPs. This way the RPs shares the cost of corrective action and avoids duplicating effort. In lieu of consensus among, or identification of, RPs, the site can be referred to the PST State-Lead Program and worked on in a unified effort.
Work performed at such sites by the PST State-Lead Program generally is funded through the Leaking Underground Storage Tank (LUST) Trust Fund. Therefore, if the RP can be identified and found to be financially able, the TNRCC may recover costs of the administration and work performed under the PST State-Lead Program contract. The recovered costs may not be reimbursable through the Petroleum Storage Tank Remediation (PSTR) Fund. The TCEQ also can use state funds to respond to emergency situations where the LUST Trust Fund is not an option or where the RP has already met the eligibility requirements for the PSTR Fund.