Message to Owners and Operators of Leaking Underground Storage Tanks

Part 215, Underground Storage Tank Corrective Action Funding, Amendments

Public Act 416 of 2014

Message to Owners and Operators of Leaking Underground Storage Tanks

Releases of refined petroleum products from underground storage tank systems (USTs) are a significant cause of contamination of the natural resources, water resources, and groundwater. Public Act 416, which amends Michigan’s Underground Storage Tank Corrective Action Funding statute (Part 215 of NREPA), was signed by Governor Snyder on Dec. 30, 2014 and creates the Underground Storage Tank Authority. Under the amendments, the Authority will administer a cost reimbursement program for owners and operators of refined petroleum USTs to assist in paying for corrective actions necessary to address releases from those systems.

• The DEQ is diligently working with stakeholders to assist the Governor’s Office in setting up the Authority;
• Once established, the Authority will establish the process for submitting claims and specify a date when it will begin receiving them.
• An owner or operator may seek reimbursement for eligible expenses that are associated with a release discovered and reported on or after the effective date of the amendments.
• On behalf of the Authority, the DEQ has requested the United States Environmental Protection Agency’s (USEPA’s) acceptance of Michigan’s Underground Storage Tank Cleanup Fund program as meeting the Financial Responsibility requirements under Part 211 (Underground Storage Tanks) of the NREPA and federal UST rules.
• Owners and operators will be informed of USEPA’s decision concerning Financial Responsibility. In the meantime, owners and operators should maintain their current form of Financial Responsibility until such time as the USEPA determines the amendments to Part 215 are acceptable as Financial Responsibility for USTs and the owner and operator has received a determination of eligibility from the Authority.

For more information, contact:

 Bob Reisner

 Remediation and Redevelopment Division

 517-284-5141
 

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