for participants to be eligible for Fund coverage based on case law developments since the last regulatory amendments to the eligibility requirements made in 2001 . Commonwealth residents will also benefit from the amended regulation to the extent that the Fund will continue to ensure that the eligibility requirements are easy to understand and participants understand their obligations under the law and regulations . Ease of participant compliance will ensure that more Fund and Tank Installer Indemnification Program ( Program ) claims will be found eligible for Fund coverage and that Fund resources can be utilized to indemnify its participants for the remediation of eligible releases , thereby protecting the lands and waters of this Commonwealth .
This proposed rulemaking adds a definition for ” UST facility ” to § 977.4 to clarify that the term includes a storage tank facility ( as that term is defined in § 245.1 ( relating to definitions )), pertaining to the administration of the storage tank and spill prevention program , that has one or more underground storage tanks ( UST ) or heating oil tanks ( HOT ).
The USTIF board proposes to amend § 977.31 ( 1 ) to clarify that the eligibility requirements for Fund coverage apply to both USTs and HOTs .
Section 977.31 ( 2 ) is proposed to be amended to clarify what fees need to be paid to be eligible for reimbursement from the Fund and the timing of payment of those fees . Currently , § 977.31 ( 2 ) does not provide a deadline for payment of the fees required by Subchapter B ( relating to fees and collection procedures ) to be eligible for coverage from the Fund . This has created confusion for participants . These fees finance the Fund and are necessary to ensure the continued financial solvency of the Fund . The proposed amendment would clarify that the fees required by Subchapter B must be paid prior to the time that the release giving rise to the claim is discovered , providing a clear deadline to participants .
Section 977.31 ( 3 ) is proposed to be amended to require that registration and annual registration fees required under §§ 245.41 and 245.42 ( relating to tank registration requirements ; and tank registration fees ) for USTs located at the UST facility where the release occurred are current and paid on or before 60 days of when the release giving rise to the claim is discovered . This allows tank owners or operators to come into compliance with payment of the required fees for up to 60 days after a release is discovered . The regulation , as currently written , did not specify when the participant had to pay the fees to be eligible for reimbursement . The Fund interpreted the regulation as requiring fees to be paid at the time the release was discovered , but the Commonwealth Court and Supreme Court found that the fees could be paid at any time prior to the Fund eligibility determination . To address the courts ’ decisions , the board considered the establishment of different time periods within which these fees must be paid . After input from the Department of Environmental Protection ( DEP ), the board determined that participants should be provided 60 days after discovering the release to pay all the fees required by §§ 245.41 and 245.42 . The Fund proposes to amend § 977.31 ( 4 ) to clarify that a participant must have received the appropriate permit or certification for the UST before the release giving rise to the claim is discovered . As currently written , the regulation does not specify when the permit or certification must be obtained .
The regulatory analysis and any comments can be viewed on the Independent Regulatory Review Commission ( IRRC ) website . Public comments are due February 18 , and IRRC comments are due March 20 . l FON
24 FEBRUARY 2025 | FUEL OIL NEWS | www . fueloilnews . com