Eligibility for the Petroleum Storage Tank (PST) State Lead Program

The PST State Lead Program utilizes state contractors to conduct corrective action(s) at leaking petroleum storage tank (LPST) sites that cannot be addressed by the Responsible Party (RP). An LPST site may be eligible for the PST State Lead Program for one of the following reasons:

RP is Financially Unable
The majority of LPST sites in the PST State Lead Program are admitted under the financially unable criterion. Admission is contingent upon evidence of financial inability to perform necessary corrective action(s) at the site and the submission of a site access agreement that allows agents of the TCEQ to enter the premises to conduct corrective action activities. Financial inability is assessed by the TCEQ through review of a State Lead Packet submitted by the RP. If you are an RP and think you qualify as Financially Unable, contact the TCEQ Project Manager for your site(s) and request a State Lead Packet.

RP is Unknown
The PST State Lead Program is responsible for conducting corrective action(s) at LPST sites when the RP is unknown or unavailable, or when the source of the release has yet to be determined.

RP is Unwilling
The TCEQ has the authority to refer a site to the PST State Lead Program when the RP is determined to be unwilling to pursue corrective action directives issued through the Responsible Party Remediation Program. In such cases, the PST State Lead Program will assume corrective action(s) at LPST sites that pose a risk to human health and/or the environment. However, the unwilling RP will be subject to cost-recovery proceedings associated with the administration of, and work performed under, the PST State Lead Program contracts.

Emergency Response
The PST State Lead Program provides emergency initial response and corrective action at LPST sites that have vapor impacts or other imminently hazardous situations resulting from a release from a PST. The TCEQ will arrange for emergency contractors to respond immediately and abate the existing hazard.

Multisource Contamination

• The PST State Lead Program may provide oversight and corrective action when multiple LPST sites, associated with different RPs, have contributed to a single contaminant plume. The PST State Lead Program incorporates such multisource sites into a single LPST site. Unknown RPs and sources may also comprise multisource sites. If an RP is later identified and found to be financially able, the TCEQ may recover costs of work performed under the PST State Lead Program.
• Before referral of a multisource site to the PST State Lead Program, the Responsible Party Remediation Program will attempt to mediate a consensus among the known RPs to retain a single environmental consultant who will conduct corrective action on behalf of all RPs. In this situation the RPs share the cost of corrective action and avoid duplicating efforts. In lieu of consensus among, or identification of, RPs, the site can be referred to the PST State Lead Program and worked in a unified effort.