TN UST New Rule Revisions – Effective June 15, 2021
Annual Tank Fees - Fund Deductibles - TOS UST Systems
On February 3, 2021, the Underground Storage Tank and Solid Waste Disposal Control Board adopted rule revisions by a unanimous vote concerning: 1) 5-year tank fee suspension, 2) fund deductibles and 3) temporarily out of service UST system clarification of spill and overfill requirements. These rule revisions were subsequently approved by the Attorney General’s Office and filed with the Secretary of State on March 17, 2021. These rule revisions will take effect on June 15, 2021.
The rule revisions are:
- 5 Year Annual Tank Fee Suspension – The annual tank fees will be suspended from July 1, 2021 through June 30, 2026.
- Fund Deductible - All fund eligible releases will be entitled to reimbursement from the fund; however, an owner or operator’s compliance status will now determine the amount of the fund deductible.
- Temporarily Out of Service UST Systems - Spill and Overfill equipment is required.
Under the current rules, fund coverage for a fund eligible release is dependent upon an owner or operator’s compliance history with certain rules. Currently, if a fund eligible release is approved for fund coverage, the deductible is $20,000 for cleanup and third-party claims.
Under the new rule revision, the deductible for a fund eligible release will be $5,000 for cleanup and third-party claims but can be increased to $10,000, $20,000 or $30,000 depending on the owner or operator’s compliance status at the time of the release.
If you have any questions regarding these upcoming changes, please email Tanks.UST@tn.gov or contact your local field office staff.
