Program News
New Guidance
for Reimbursable Costs Associated with the Operation, Monitoring,
and Performance (OMP) of Remediation Systems
Verification of Labor
Costs
Beginning June 1, 2008 the PST Reimbursement Program will
initiate random audits of labor costs requested in reimbursement
applications. These audits will require that the applicant provide
additional documentation supporting the reimbursement of certain
personnel charges on submitted invoices.
Proof of Payment Verification
Review
Effective November 1, 2006, the PST Reimbursement program will
allow more time for receipt of the proof of payment (POP)
affidavit. The POP affidavit will not be required to be in the
application at the initial submittal of the reimbursement
application. However, it must be submitted as signed, verifying
that contractor/subcontractor invoices have been paid prior to the
mailing of the Fund Payment Report (FPR). Claims will continue to
be processed and if the POP affidavit is not present, a request for
the POP will be made prior to the mailing of the FPR. If the POP
affidavit is not received when requested, the FPR will be mailed,
stating that all costs will be held.
Overview
The Petroleum Storage Tank Remediation (PSTR) fund provides
reimbursement for remediation of contamination resulting from
leaking petroleum storage tanks. The fund is supported by a fee on
gasoline and other fuels at bulk distribution facilities. The PSTR
fund will sunset on September 1, 2012. All reimbursable corrective
action must be completed by August 31, 2011. All applications for
reimbursement must be received by March 1, 2012.
The fund covers the expenses of corrective action taken in
response to a release of:
- Petroleum products from a petroleum storage tank;
- Hydraulic fluid from a hydraulic lift system located at a
vehicle service and fueling facility; and,
- Spent oil from spent oil tanks located at a vehicle service and
fueling facility provided that the tank listed under this
subsection is also subject to regulation under Subchapter D (see
30 TAC, Chapter 334, Subchapter D,
§§334.71–334.85
relating to Release Reporting and Corrective Action).
Eligibility
In order for an owner or operator to be eligible to access the
PST Remediation Fund through the reimbursement program they must
meet the following criteria:
- They must own or operate a regulated petroleum storage tank
system.
- The tanks they own or operate must have been registered with
the TCEQ by December 31, 1995, unless the tank was unknown and
discovered later.
- New tanks installed on or after December 1, 1995, must be
registered with the TCEQ no later than 30 days after the
installation of the new tank is complete.
- All annual tank fees since September 1, 1987, must be
paid.
- Releases must have been reported to the TCEQ prior to December
22, 1998, and subsequently confirmed.
- All corrective action activities and costs must be approved in
writing by the TCEQ. If activities have not been pre-approved, they
will not be processed or paid until all claims with pre-approved
activities have been processed and paid. (See Preapproval.)
- Remediation equipment design must be sealed and construction
must be supervised by a licensed or registered professional
engineer.
Not all leaking underground or aboveground storage tank
corrective action projects are eligible for reimbursement. To be
eligible, the tank must contain a petroleum product which is
defined as: "obtained from distilling and processing crude oil
and that is capable of being used as a fuel for the propulsion of a
motor vehicle or aircraft, including motor gasoline, gasohol, other
alcohol blended fuels, aviation gasoline, kerosene, distillate fuel
oil, and #1 and #2 diesel. The term does not include naphtha-type
jet fuel, kerosene-type jet fuel, or a petroleum product destined
for use in chemical manufacturing or feedstock of that
manufacturing."
Corrective action for spent oil tanks and hydraulic lift systems
are reimbursable if the release meets eligibility requirements
similar to those for gasoline or diesel storage tanks. The spent
oil tanks and hydraulic lift systems must have been used in
conjunction and contemporaneously with a vehicle service and
fueling facility.
Application for Reimbursement
- APPLICATION (TCEQ-0230-EXP) PDF
- ASSIGNMENT CONTRACT PDF
On November 18, 2004, new rules became effective for the PST
Reimbursement program. As a result, changes were made to the
application form. As of April 1, 2005, the new form must be used
for all submitted claims. Information regarding the changes to the
application process is described in the Interoffice Memorandums, Implementation
of New Reimbursement Application and Implementation
of New PST Reimbursement Application Assignments and Acceptable
Proof of Payments.
PST REIMBURSEMENT APPLICATION: The TCEQ
requires that an original Reimbursement Application
(TCEQ-0230-EXP) be submitted for all claims . The
Reimbursement Application is available in WordPerfect WPD and in
PDF. The
application, including all required documentation should be
submitted to:
Texas Commission on Environmental Quality
PST Reimbursement Section, MC 139
P. O. Box 13087
Austin, Texas 78711-3087
Assignment Contract: For applications in which
the owner or operator of a LPST site has assigned the right for
reimbursement to a LPST Corrective Action Specialist, the
agency-approved Assignment Contract must be on
file with the TCEQ. All applicants must use this document,
available in Wordperfect WPD and in PDF
beginning June 1, 2005. Please note that assignment contracts are
not transferable. 334.302(j)
Proof of payment is required for all
applications. For applications submitted after July 1, 2005, the
only acceptable forms of proof of payment (POP) will be the posting
of a payment bond or signature on the Reimbursement Affidavit in
the reimbursement application demonstrating that invoices have been
paid in full. For those applicants using the agency-approved
Payment Bond, it is available in WordPerfect WPD
and in PDF.
A substitute payment bond form may be submitted in lieu of the
TCEQ's payment bond. However, the alternate payment bond must be
submitted to the TCEQ for approval. General guidance of the content
of the bond is described in the Payment
Bond Guidance Document.
Rules and Guidance Documents
Rules for reimbursement from the PST Remediation Fund are
specified in
Subchapter H of
Chapter 334.
Allowable costs are listed in the Reimbursable
Cost Specifications (RCSs) in
Subchapter M of
Chapter 334.
Additional guidance and updates are described in Interoffice
Memorandums (IOMs) issued by the PST Reimbursement program.
These IOMs announce changes in the application review process as
well as new policies regarding eligible costs not specified in the
RCSs.
(Help with PDF files.
Help with WPD
files.)
Who May I Contact for
Questions and Comments?
You may contact us by e-mail at pstreimb@tceq.state.tx.us.
Or you may contact us directly by telephone at 512-239-2200
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