Underground Storage Tanks/Association of State and Territorial Solid Waste Management Officials: 2021 Annual State Fund Survey/Tanks Update | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. - JDSupra

2022-06-25 15:51:37 By : Mr. Jason Zhang

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published its annual survey addressing state underground storage tank (“USTs”) trust funds titled:

2021 Annual State Fund Survey/Tanks Update (“Survey”)

ASTSWMO conducts the Survey with the Vermont Department of Environmental Conservation.

The Survey addresses all State UST Financial Assurance Fund programs. It addresses:

Charts are provided for the years 2017-2021. Data provided includes:

The State of Arkansas received delegation of the federal UST program many years ago. Concerns regarding the ability of Arkansas UST owners and operators to comply with the federal UST financial responsibility requirements prompted the state to create a petroleum UST trust fund. There was a particular concern in Arkansas because many of the state’s UST owners and operators were (and still are) small businesses. As a rural state, the loss of retail motor fuel businesses in some towns could lead to inadequate supply availability in some areas. Therefore, the Arkansas General Assembly in the late 1980’s enacted an UST trust fund.

One of the purposes of the Arkansas trust fund has been to enable UST owners and operators to partially or completely comply with federal UST responsibility requirements and to have the resources to address UST releases. Further, the trust fund, along with other federal funds and/or grants have enabled the state to address UST releases for which an owner or operator is either unable or unwilling to remediate a release.

Key ASTSWMO data for the State of Arkansas includes:

A link to the Survey can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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