RI UST Financial Responsibility Fund UST Deadline Dates Applications for claims must be submitted and received by the end of business day on the deadline date, posted below. RIDEM had 90 days following the quarterly deadline to approve, deny, or modify requests for reimbursement. If the Department determines that additional information or backup documentation is required, the claimant will not receive reimbursement for that quarterly submittal and must submit the required information or backup by the following quarterly deadline. Deadline dates are subject to change. 2024 Deadline Date: September 6, 2024 Disbursement #95 checks were mailed on July 26, 2024. The RI UST Financial Responsibility Fund is also referred to as the RI UST Fund. Owners/operators of certain USTs are required to demonstrate "Financial Responsibility" to clean up any potential release from their USTs, as regulated by the Environmental Protection Agency and adopted by the State of Rhode Island. RIDEM provides a cost-effective mechanism for these owners/operators to meet these requirements. Claims for reimbursement are made after costs have been incurred in the process of remediating a release from an eligible UST. Funding for these clean-ups is derived from a .5 cents per gallon surcharge on motor fuel to owners/operators of underground storage tanks and application fees. These monies are collected, managed, and dispersed by RIDEM. Disbursement of monies is generally conducted quarterly after a thorough review of the eligibility of each release and the specific costs contained in each application. Reimbursement of 100% of eligible costs is made (after demonstrating expenditure of the $20,000 deductible) based on regulations adopted by the State of Rhode Island and available funds. Review Process Information The reimbursement process is structured in three steps: 1. Compliance Determination To be submitted only for First-Time Applicants: This package should be used as the first submission to the Board. These forms are used to establish your sites compliance status. A $150.00 fee is required with submission of this package. Following the submission of these forms the Department of Environmental Management (DEM) will review the compliance history of your site. UST Review Board Compliance Application PDF file, less than 1mbmegabytes 2. Eligibility and Request for Reimbursement Application To be submitted by first-time applicants and for supplemental claims or resubmittals: Following notification that your site has been found to be “in compliance”, this package should be submitted. These forms are required in order to verify that the release/site is eligible and that the $20,000.00 deductible has been spent on eligible costs. UST Review Board Request for Reimbursment PDF file, less than 1mbmegabytes Invoice Submission Form Excel file, less than 1mbmegabytes 3. Supplemental and Resubmittal Applications To be submitted with each supplemental claim or resubmittals. Following notification that your site has been found to be “in compliance”, this package should be submitted. These forms are required in order to verify that the release/site is eligible and that the $20,000.00 deductible has been spent on eligible costs. UST Review Board Request for Reimbursment PDF file, less than 1mbmegabytes Invoice Submission Form Excel file, less than 1mbmegabytes Compliance Determination Upon the discovery of a release from a UST, the owner/operator of the UST must first submit a Compliance Application to RIDEM. This application provides the necessary information to determine whether the UST or UST system has been operated in compliance with the UST regulations. A fee of $150.00 is required with the submission of the Compliance Application. The review includes an examination of at least three years of compliance data prior to the release. As a result of the submission, UST owners may be required to resolve any non-compliance issues through the RIDEM enforcement processes, including correction of any deficiencies, entering legal agreements, and/or paying fines. The reimbursement process may continue once all compliance issues are resolved. Eligibility and Request for Reimbursement Application After UST compliance has been established, an owner/operator must next submit a Request for Reimbursement Application. These applications are accepted quarterly. A Request for Reimbursement Application must include at least $20,000.00 of costs related to the investigation and/or remediation of the release. A review of these applications addresses whether the release is eligible under the Rhode Island UST Financial Responsibility Act and the U.S. EPA Financial Responsibility regulations. Results of the review of the Request for Reimbursement application also include the determination of the eligible and ineligible expenses. Additionally, the review may determine that additional informational backup is necessary for certain invoices in order to determine their eligibility. These latter costs are referred to as “No Backup” costs. This process can take up to six months for an initial reimbursement. RIDEM has 90 days following the quarterly deadline to approve, deny, or modify requests for reimbursement. If the Department determines that additional information or backup documentation is required, the claimant will not receive reimbursement for that quarterly submittal and must submit the required information or backup by the following quarterly deadline. Supplemental and Resubmittal Applications Supplemental Applications are made following any initial reimbursement for the release. These applications must include at least $5,000.00 in costs related to the investigation and/or remediation of the release. The Supplemental Application may also include the resubmittal of “No Backup” costs with additional information that would support the review of the costs for eligibility. “No Backup” costs may be resubmitted only once and must be submitted before the deadline immediately following the “No Backup” determination, regardless of the amount of supplemental costs. Resubmittal costs do not count toward the $5,000.00 minimum for supplemental applications. The review process results in a determination of the eligible, ineligible, and “No Backup” portions of the submittal which are reviewed on a quarterly schedule to finalize approval for reimbursement. Supplemental applications of $5,000.00 or more may be submitted before each of the established deadlines until the closure of the release is obtained through RIDEM. Common Forms Ineligible Expense List PDF file, less than 1mbmegabytes Invoice Submission Form PDF file, less than 1mbmegabytes Invoice Submission Form Excel file, less than 1mbmegabytes UST Statutes Rhode Island General Law 46-12.9 establishes the Rhode Island Underground Storage Tank Financial Responsibility Act. This is a law passed by the Rhode Island Government to cover the funding sources for the remediation of leaking underground storage tanks in the State of Rhode Island. Statutes may be amended. UST Regulations The Environmental Protection Agency (EPA) through a Resource Conservation and Recovery Act (RCRA) established by Congress in 1984, wrote and published regulations that require owners/operators of underground storage tanks to prevent, detect, and clean up releases. In 1996 Rhode Island became one of 31 states in the country approved by the EPA to manage its own underground storage tank management and clean-up program, and has currently completed 864 cleanups. The following links lead to the RI General Assembly website. Short Title Legislative Findings Definitions Petroleum Cleanup Fund Purpose of Fund Eligibility Rules and Regulations Reconsideration Hearing Non-participation in Insurer's Insolvency Fund Fundings Severability Additional Resources The Rhode Island Department of Environmental ManagementInformation regarding regulation and technical assistance for State of Rhode Island environmental programs. Office of Underground Storage Tanks - EPAInformation regarding federal regulations governing UST's. New England Interstate Water Pollution Control CommissionRegional organziation involved in state cooperation on environmental issues. Association of State and Territorial Solid Waste Management OfficialsA federal organization that supports solid and hazardous waste management programs. Frequently Asked Questions How do I apply? The application process for private owners begins with a Compliance Application. This simple one page application and a $150 dollar application fee will start the process. Who can use the fund? Private parties, the state, and cities and towns are potentially eligible for reimbursement costs that have been incurred as a result of a leaking underground storage tank. What is eligibility? To receive funds, one must be in compliance with the Department of Environmental Management's rules and regulations. A claimant must have incurred costs as a result of taking corrective actions, paying third-party claims, or otherwise incurring eligible costs as a result of a release of petroleum subject to the motor and special fuels tax. Additionally, the claimant must exhibit that they spent the $20,000 deductible on eligible costs and expenses. How long does the process take? The process can take up to six months for an initial reimbursement; however, once eligibility is determined and a disbursement is made, a supplemental claim can be submitted every quarter for ongoing costs. When is money disbursed? Applications for claims are reviewed quarterly. RIDEM had 90 days to approve, deny, or modify a claim. Checks are typically mailed within 5 to 10 business days of application approval. How much can a tank owner receive? An owner/operator may receive up to one million dollars of eligible costs and expenses.
The following links lead to the RI General Assembly website. Short Title Legislative Findings Definitions Petroleum Cleanup Fund Purpose of Fund Eligibility Rules and Regulations Reconsideration Hearing Non-participation in Insurer's Insolvency Fund Fundings Severability