The changes to the reimbursement program are not a result of a
decision made by the TCEQ to change the program, but in response to
changes made to the state laws governing the Petroleum Storage Tank
Remediation (PSTR) Fund through the enactment of
House Bill 2587
(74th Texas Legislature) passed in 1995. In addition to other
changes to the storage tank regulatory program, House Bill 2587 and
House Bill 2816 established the time frame that the PSTR Fund would
be eliminated. Instead of a sudden termination to fund coverage,
which would have drastically affected those covered by the PSTR
Fund, a phased approach was used, which is as follows:
- December 31, 1995 - for regulated tanks in existence
prior to December 1, 1995, that are required to be registered with
the TCEQ, if they were not registered by this date, they are no
longer covered under the PSTR Fund, with some limited exceptions.
§334.310 (a)(2)
- December 23, 1998 - all releases discovered on or after
this date are no longer covered under the PSTR Fund, with no
exceptions. Those tank owners and operators who discovered their
releases prior to this date can continue to access the PSTR Fund
until the PSTR Fund is phased out.
§334.301(b)
- August 31, 2011 - all reimbursable corrective action
must be completed by this date.
- March 1, 2012 - all applications for reimbursement must
be received by the TCEQ by this date.
- September 1, 2012 - the PSTR Fund is phased out. The
TCEQ is no longer authorized to expend the funds contained with the
PSTR Fund.
It is true that effective December 23, 1998 tank owners and
operators were required to utilize a financial mechanism other than
the PSTR Fund to demonstrate financial responsibility to cleanup or
correct environmental damage caused by a release from their storage
tank system. Environmental liability insurance was one such
approved mechanism. However, it is also true that the PSTR Fund
will continue to provide coverage to those tank owners or operators
for cleanup expenses for releases (discovered prior to December 23,
1998) being cleaned up until the fund is phased out on September 1,
2012.
You may contact us by email at PST Reimbursement Or
you may contact us directly by telephone at (512) 239-2200
