The Petroleum Storage Tank (PST) State-Lead Program of the TCEQ
directs state contractors to conduct corrective action at leaking
petroleum storage tank (LPST) sites in Texas that cannot be
addressed by owners/operators.
- Financially Unable Responsible Party (RP)
- TCEQ admits most sites into the PST
State-Lead Program under the financially unable criterion.
Admission to the PST State-Lead Program is contingent upon the the
inability to financially perform the necessary corrective action at
the site and submitting a site access agreement that allows agents
of the TCEQ to enter the premises to conduct corrective
actions.
- Unknown RP's
- The PST State-Lead Program is
responsible for conducting corrective action at LPST sites where
the RP is unknown or unavailable, or where the source has yet to be
determined.
- Unwilling RP's
- The TCEQ can refer a site to the PST
State-Lead Program when the RP is determined by 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 at sites that pose a risk to
human health and/or the environment. However, the unwilling RP will
be subject to cost-recovery proceedings to recover state costs
associated with the administration and work performed under PST
State-Lead Program contracts.
- Emergency Response
- The PST State-Lead Program provides
emergency initial response and corrective action at LPST sites that
have a vapor impact or other hazardous situation resulting from a
release of a storage tank. The TCEQ will arrange for emergency
contractors to respond immediately and abate the existing
hazard.
- Multisource Contamination
- The PST State-Lead Program can provide
corrective action where multiple leaking petroleum storage
tanks (LPSTs) originating from different responsible parties (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 can comprise multisource
sites.
- 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. This way the RPs shares the
cost of corrective action and avoids duplicating effort. In lieu of
consensus among, or identification of, RPs, the site can be
referred to the PST State-Lead Program and worked on in a unified
effort.
Work performed at such sites by the PST State-Lead Program
generally is funded through the Leaking Underground Storage Tank
(LUST) Trust Fund. Therefore, if the RP can be identified and found
to be financially able, the TNRCC may recover costs of the
administration and work performed under the PST State-Lead Program
contract. The recovered costs may not be reimbursable through the
Petroleum Storage Tank Remediation (PSTR) Fund. The TCEQ also can
use state funds to respond to emergency situations where the LUST
Trust Fund is not an option or where the RP has already met the
eligibility requirements for the PSTR Fund.
