Vol. 2 Issue 1
March 1999

PSTIF Regulations

When the PSTIF Board began meeting in the spring of 1997, the Trustees recognized that their decisions and policies should eventually be formalized in written regulations. But until many of the issues facing the Fund were discussed and decided by the Board, it was difficult to craft new regulations to replace the Fund rules previously issued by DNR's Clean Water Commission.

 
 

The Board's Advisory Committee met in January to discuss an initial draft of regulations, and recommended several changes. Plans are to present the revised version to the Board at its March meeting; if the Board approves, the regulations will be published as proposed rules in the May 3 issue of the Missouri State Register. A public hearing and comment period will follow.

Anyone interested in reviewing the draft rules may obtain a copy by calling 573-522-2352.

AST Report Card

Approximately one year ago PSTIF first began insuring aboveground tanks. At the time, no one really knew what to expect in terms of participation or claims.

The initial results are now in. The Fund received applications for insurance coverage from nearly 15% of the eligible AST sites in the state - a surprising response, since there is no requirement that AST owners carry insurance for spills and leaks, as required for UST owners.

There have been 4 claims filed - one involving cleanup of contamination found when the gas station was sold and the ASTs and piping were removed, one involving an overfill, one involving what was apparently a small, slow leak from the bottom of the tank and one where a customer ran over a dispenser. It is far too early to draw any conclusions about claims experience, but a lot is being learned from the Fund's first few AST claims.

In addition to the insurance program, PSTIF is paying for cleanup at some old AST sites. Eleven property owners requested approval of cost estimates to clean up old AST releases, $145,200 has been committed, and $89,532 has already been paid out.

UST Upgrade Update

Advisory Committee Report to Legislature

State law governing the Tank Insurance Fund requires the PSTIF Advisory Committee to regularly assess the availability and affordability of private insurance, as a means of considering whether the PSTIF is still needed. The Committee recently issued its first report on this subject.

The report concluded that there is still a need for the PSTIF to serve as an affordable insurance mechanism for tank owners and to complete the cleanup of historical contamination - which typically would not be covered by today's commercial insurance policies. Copies are available to interested parties by contacting the PSTIF executive director's office.

Leak Detection Change A Surprise to Many

Buried in the pages of UST regulations was a provision that has recently caught some tank owners by surprise. It relates to how you monitor a UST system for leaks.

One of the most popular methods of monitoring has been the old standby: stick the tank daily, then make a calculation at the end of each month to see if the tanks have as much fuel in them as sales and deliveries indicate should be there. The regulations call this the "Inventory Control" method, and it must be coupled with a tank tightness test.

However, the regulations also specify that this method can no longer be used ten years after the tank itself is upgraded. Some tank owners who installed stiP3 tanks ten years ago, or lined their tanks ten years ago, are disappointed to learn that they must now begin using a different monitoring method.

Other available methods include: Statistical Inventory Reconciliation, automatic tank gauges, vapor monitoring or groundwater monitoring. Tank owners with questions are encouraged to call DNR's Technical Assistance Program at 573-526-6627 or 800-361-4827.

Recent Board Actions

In the last three months, the PSTIF Board of Trustees:

  • Lowered participation fees for insured UST owners
  • Authorized the Fund's underwriters to continue insuring USTs which store waste oil, if they meet DNR's upgrade requirements
  • Authorized payment of costs incurred in late 1995 or early 1996 by LUST site owners who were doing cleanups when their sites became eligible for PSTIF funds
  • Decided three claim appeals
  • Reviewed a five-year cash projection of Fund revenues and expenditures
  • Reviewed budget requests for Fiscal Year 2000.

Legislation Introduced

Representative Joe Treadway introduced House Bill 58, which would give a limited number of additional property owners the ability to access PSTIF benefits. The bill allows land-owners who purchased property prior to 12/31/85, and were unaware the property once had USTs on it and did not report the property to DNR previously, to identify their properties by 12/31/2000 and thus become eligible to receive money from the Fund for cleanup.

A copy of the bill is available at www.moga.state.mo.us or by calling 573-522-2352.


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
John Boehm
Sam Carter
Neal A. Gibbons, Sr.
Robert "Bob" Jackson
Ron Hooker
Don Shaikewitz
Steve Mahfood
John A. Young
G. Brad Williams
Katherine "Katie" Wesselschmidt

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

Third Party Administrator
Williams & Company Consulting, Inc.

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