Reimbursement from the Petroleum Storage Tank (PST) Remediation Fund
- Program News
- Overview
- Eligibility
- Application for Reimbursement
- Rules and Guidance Documents
- Who May I Contact for Questions and Comments?
- Sign Up for E-mail Updates!
Program News
PST Reimbursement for Wastewater Hauling and Disposal Costs on Multiple-LPST-Site Round Trips
Regarding reimbursable costs related to wastewater hauling and disposal, please note that to comply with statutory requirement that the TCEQ make the most efficient use of the funds available in the Petroleum Storage Tank Remediation Account, if a round trip includes pick-up of wastewater from several LPST sites en route to a disposal facility, pro-rating or allocation of hours should be made. TCEQ will audit reimbursement claims periodically on this issue. Both a prime corrective action specialist who does its own wastewater hauling and disposal and a prime corrective action specialist who uses a subcontractor for these activities, may be asked to show travel logs or other relevant documentation.
New Guidance for Reimbursable Costs Associated with the Operation, Monitoring, and Performance (OMP) of Remediation Systems
Verification of Labor Costs
Beginning June 1, 2008 the PST Reimbursement Program will initiate random audits of labor costs requested in reimbursement applications. These audits will require that the applicant provide additional documentation supporting the reimbursement of certain personnel charges on submitted invoices.
Proof of Payment Verification Review
Effective November 1, 2006, the PST Reimbursement program will allow more time for receipt of the proof of payment (POP) affidavit. The POP affidavit will not be required to be in the application at the initial submittal of the reimbursement application. However, it must be submitted as signed, verifying that contractor/subcontractor invoices have been paid prior to the mailing of the Fund Payment Report (FPR). Claims will continue to be processed and if the POP affidavit is not present, a request for the POP will be made prior to the mailing of the FPR. If the POP affidavit is not received when requested, the FPR will be mailed, stating that all costs will be held.
Overview
The Petroleum Storage Tank Remediation (PSTR) fund provides reimbursement for remediation of contamination resulting from leaking petroleum storage tanks. The fund is supported by a fee on gasoline and other fuels at bulk distribution facilities. The PSTR fund will sunset on September 1, 2012. All reimbursable corrective action must be completed by August 31, 2011. All applications for reimbursement must be received by March 1, 2012.
The fund covers the expenses of corrective action taken in response to a release of:
- Petroleum products from a petroleum storage tank;
- Hydraulic fluid from a hydraulic lift system located at a vehicle service and fueling facility; and,
- Spent oil from spent oil tanks located at a vehicle service and fueling facility provided that the tank listed under this subsection is also subject to regulation under Subchapter D (see 30 TAC, Chapter 334, Subchapter D, §§334.71–334.85
relating to Release Reporting and Corrective Action).
Eligibility
In order for an owner or operator to be eligible to access the PST Remediation Fund through the reimbursement program they must meet the following criteria:
- They must own or operate a regulated petroleum storage tank system.
- The tanks they own or operate must have been registered with the TCEQ by December 31, 1995, unless the tank was unknown and discovered later.
- New tanks installed on or after December 1, 1995, must be registered with the TCEQ no later than 30 days after the installation of the new tank is complete.
- All annual tank fees since September 1, 1987, must be paid.
- Releases must have been reported to the TCEQ prior to December 22, 1998, and subsequently confirmed.
- All corrective action activities and costs must be approved in writing by the TCEQ. If activities have not been pre-approved, they will not be processed or paid until all claims with pre-approved activities have been processed and paid. (See Preapproval.)
- Remediation equipment design must be sealed and construction must be supervised by a licensed or registered professional engineer.
Not all leaking underground or aboveground storage tank corrective action projects are eligible for reimbursement. To be eligible, the tank must contain a petroleum product which is defined as: "obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing."
Corrective action for spent oil tanks and hydraulic lift systems are reimbursable if the release meets eligibility requirements similar to those for gasoline or diesel storage tanks. The spent oil tanks and hydraulic lift systems must have been used in conjunction and contemporaneously with a vehicle service and fueling facility.
Application for Reimbursement
On November 18, 2004, new rules became effective for the PST Reimbursement program. As a result, changes were made to the application form. As of April 1, 2005, the new form must be used for all submitted claims. Information regarding the changes to the application process is described in the Interoffice Memorandums, Implementation of New Reimbursement Application and Implementation of New PST Reimbursement Application Assignments and Acceptable Proof of Payments.
PST REIMBURSEMENT APPLICATION: The TCEQ requires that an original Reimbursement Application (TCEQ-0230-EXP) be submitted for all claims . The Reimbursement Application is available in Word and in PDF. The application, including all required documentation should be submitted to:
Texas Commission on Environmental Quality
PST Reimbursement Section, MC 139
P. O. Box 13087
Austin, Texas 78711-3087
Assignment Contract: For applications in which the owner or operator of a LPST site has assigned the right for reimbursement to a LPST Corrective Action Specialist, the agency-approved Assignment Contract must be on file with the TCEQ. All applicants must use this document, available in Wordperfect WPD and in PDF beginning June 1, 2005. Please note that assignment contracts are not transferable. 334.302(j)
Proof of payment is required for all applications. For applications submitted after July 1, 2005, the only acceptable forms of proof of payment (POP) will be the posting of a payment bond or signature on the Reimbursement Affidavit in the reimbursement application demonstrating that invoices have been paid in full. For those applicants using the agency-approved Payment Bond, it is available in WordPerfect WPD and in PDF. A substitute payment bond form may be submitted in lieu of the TCEQ's payment bond. However, the alternate payment bond must be submitted to the TCEQ for approval. General guidance of the content of the bond is described in the Payment Bond Guidance Document.
Rules and Guidance Documents
Rules for reimbursement from the PST Remediation Fund are specified in Subchapter H of Chapter 334.
Allowable costs are listed in the Reimbursable Cost Specifications (RCSs) in Subchapter M of Chapter 334.
Additional guidance and updates are described in Interoffice Memorandums (IOMs) issued by the PST Reimbursement program. These IOMs announce changes in the application review process as well as new policies regarding eligible costs not specified in the RCSs.
(Help with PDF files. Help with WPD files.)
Who May I Contact for Questions and Comments?
You may contact us by e-mail at pstreimb@tceq.texas.gov. Or you may contact us directly by telephone at 512-239-2200
Sign Up for E-mail Updates!
Join the PST-Responsible Party Remediation (RPR) E-mail Update Alert list and receive an e-mail notice each time there are new policy developments, new guidance is issued, or there are announcements, notices, or updates posted on the PST-RPR or PST Reimbursement web pages.
