Vol. 4 Issue 2
June 2001

Legislature Extends PSTIF

Legislation passed by the Missouri General Assembly in the waning hours of this year's session will, if signed by the Governor, extend the operation of the Petroleum Storage Tank Insurance Fund (PSTIF) to 2010 and give the Board of Trustees authority to increase the transport load fee. The bill, which was supported by the Missouri Petroleum Marketers and Convenience Store Association and other business groups, was attached to another piece of legislation late in the session, called HB453.

 
 

This action means the Board of Trustees will be re-evaluating its projected revenues and liabilities in order to determine how much additional revenue is needed. It will also be reconsidering the "hold" previously placed on new remedial claims (see April 2000 issue of Latest Leaks).

The bill also requires the Board to commission an independent audit every year and an actuarial study every other year.

Governor Holden must sign the bill by July 14 in order for it to become law. A copy of the legislation is available at www.moga.state.mo.us, or by calling 573-522-2352.

PSTIF expresses its appreciation to all who helped educate legislators about the program, and persuaded them to enact this bill. It wouldn't have happened without you!

Insure Your ASTs!

HB453 also eliminates the requirement that aboveground storage tank site owners submit their Spill Protection, Control and Countermeasure (SPCC) Plan to PSTIF in order to get insurance. If you have postponed getting your AST sites insured because of this requirement, call us now for an application form!

Advisory Committee to Meet

The PSTIF Advisory Committee will meet on June 27 to discuss several items of interest. Included on the agenda are: Review of HB453, Discussion of "Tail Coverage," Consideration of Time Limit for Claim Submittals, DNR's proposed AST Rules, Enforcement of Financial Responsibility Requirements, and an Update on DNR's Closure Guidance Document and Risk-Based Corrective Action Procedures.

The Advisory Committee is appointed by the Board of Trustees to provide advice and recommendations to the Board on the management and operation of the Fund. Meetings are open to the public.

Alert! Payment Hiatus

The State of Missouri has imposed a moratorium on the issuance of checks for approximately two weeks, beginning in late June and lasting until about July 9. This means PSTIF will be unable to issue any claim checks during this period of time.

Please be patient…. We have no control over this, and no way to work around it!

Saving Money Takes Time

In an effort to make certain all options are thoroughly considered, PSTIF has recently been more diligent in asking property owners and their consultants to evaluate remediation alternatives. In addition, DNR's Tanks Section is working with PSTIF and several property owners to evaluate whether there is a need for further action at some sites by scientifically evaluating risks.

This means we will not always agree to pay for a huge "dig and haul" project, or a long-term groundwater monitoring plan, without asking an environmental professional to evaluate risks, options and costs. In some cases, this means taking more time to analyze the situation, rather than firing up the backhoe and digging quickly. Please understand - Our purpose is to make sure your money is wisely spent.

How Old Are Your Liners?

If your underground tanks were lined to meet the 1998 upgrade standards, remember the linings must be checked ten years after the lining was installed and every five years thereafter. If your tank lining is coming up on its 10th, 15th or 20th birthday, PSTIF will require documentation that the liner has been checked when your insurance coverage is renewed. Don't wait too long to schedule the work…. Lining inspectors typically will not enter a tank if it is too cold.

Speaking of Schedules…

The cathodic protection system on underground tanks or lines must be checked by a qualified cathodic protection tester every three years. We'll be asking for that paperwork also…

Did You Know?

You know all those pesky reporting and record keeping requirements that tank owners and operators have to worry about? Like keeping a record of cathodic protection system logs, maintaining leak detection records, keeping records verifying that your line leak detectors have been checked annually, reporting releases when they occur, notifying the state when you plan to remove tanks, registering new tanks, etc., etc.? You'll be glad to know the US EPA has actually published an estimate of how much it costs tank owners to comply with all those requirements…..$666 million annually!

PSTIF Inspections

PSTIF inspectors will be out this summer checking a random sample of the UST and AST sites insured by the Fund. Be sure you are keeping your spill buckets clean, checking and maintaining your tanks and lines regularly, and keeping all those zillions of records handy!

DNR to Issue Certificates of Registration

The Department of Natural Resources has announced it will begin issuing new Certificates of Registration to UST owners in June. The department is required to issue Certificates of Registration for all underground tanks that are operating in compliance with state law. To receive a certificate, a tank owner:

1. Must meet '98 upgrade requirements and have working leak detection systems;
2.
Must have adequate financial responsibility in case of release;
3. Must have paid registration fees; and
4. Must have no outstanding tank-related enforcement issues.

Owners who are in compliance but who do not receive certificates this year should not worry! Getting all sites certified will take two more years, enough time to get all sites inspected. In June 2002, the department will issue another round of certificates and in June 2003, a third round. Only after June 2003 and providing an opportunity for owners to get their tanks into compliance, will the department consider denying certificates.

After a certificate is issued for a tank, the department has authority to revoke it for noncompliance. The owner has appeal rights and the department must inform the owner of those rights when it denies or revokes a certificate. If the denial or revocation of a certificate stands, after appeal, the owner cannot operate the tank or participate in PSTIF.

Attention Consultants:

Excellent information on sampling and characterization techniques, innovative cleanup approaches, and cleanup technologies are available at http://clu-in.org. There are even free seminars available. The web site is maintained by US EPA. Check it out!

Bureaucracies?

"Bureaucracies love to focus inward. It's not that they dislike customers; they just don't find them as interesting as themselves…. The allure of bureaucracy is part of human nature and hard to resist, and it can return in the blink of an eye. Bureaucracy frustrates people, distorts their priorities, limits their dreams and turns the face of the entire enterprise inward." (Quote from the 2000 Annual Report of General Electric Company.)

If you catch us behaving like a bureaucracy, let us know!

Latest Leaks is a newsletter of the Missouri Petroleum Storage Tank Insurance Fund.

Board of Trustees
William "Bart" Creech III, Chairman
Bob Abernathy, Vice Chairman
Judith W. Baker
Sam Carter
Gary D. Collins
James P. Ford
Neal A. Gibbons, Sr.
Ron Hooker
Robert "Bob" Jackson
Steve Mahfood
Joyce Murphy

Executive Director
Carol R. Eighmey
PO Box 836
Jefferson City, MO 65102
573-522-2352

Third Party Administrator
Williams & Company Consulting, Inc.
1-800-765-2765

Send address changes to:
PSTIF, PO Box 104116
Jefferson City, MO 65110

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