Leaking Underground Storage Tank (UST) Fund

The Illinois Environmental Protection Agency (Illinois EPA) administers the Leaking Underground Storage Tank (UST) Program to address contamination resulting from leaking petroleum UST systems throughout the state of Illinois. Leaking USTs can pose significant risks to human health and safety by causing fire and explosion hazards, releasing dangerous vapors, and contaminating soil, groundwater, drinking water, and surface water bodies such as streams, rivers, and lakes. The program is structured to ensure that responsible parties respond promptly and effectively to reported tank releases to mitigate these environmental and health risks. Oversight of the program is managed by the Illinois EPA’s Leaking UST Section, led by manager Mohammed Rahman. The primary purpose of the Leaking UST Program is to oversee and facilitate the cleanup of sites affected by leaking petroleum USTs. The program ensures that site investigations, cleanups, and related activities adhere to technical standards and achieve appropriate remediation objectives. Upon successful completion of remediation and compliance with program requirements, the Illinois EPA issues a No Further Remediation (NFR) Letter to certify the site’s regulatory closure. Funding to support these activities is provided through the UST Fund, which helps eligible tank owners and operators cover the costs of cleanup under the Leaking UST (LUST) Program. Eligibility for funding through the UST Fund is limited to owners and operators of petroleum USTs who have reported a petroleum release and registered their tanks with the Office of the Illinois State Fire Marshal (OSFM). Eligible uses of the fund include site investigation, site cleanup, laboratory services, and engineering oversight. However, the fund will not cover expenses such as planned tank removal, legal fees, tank upgrade costs, or work performed prior to the petroleum release being reported. The maximum funding available is $1,500,000 per occurrence, subject to a deductible ranging from $5,000 to $100,000 depending on the registration and release reporting dates of the tanks. Eligibility for fund coverage is determined by the OSFM. Application to the program is initiated by reporting a petroleum release to the Illinois Emergency Management Agency, followed by submission of technical plans, reports, and budgets to the Illinois EPA for review. The Illinois EPA evaluates the technical adequacy of submitted documents and assesses whether remediation objectives are met. Key documents required for payment include an affidavit signed by subcontractors and a quarterly workforce participation report, in accordance with state regulations. All forms requiring notarization must now comply with the reinstated notarization requirement as of May 2022. Several regulatory updates impact the Leaking UST Program. Notably, as of May 2, 2023, OSFM regulations require the replacement of single-wall piping with double-wall piping during tank installation or replacement, which has resulted in an increase in reported releases associated with piping upgrades. The Illinois EPA advises tank owners, operators, and environmental consultants to conduct comprehensive system investigations under these circumstances. Additional regulatory guidance includes recent updates on degradation constants for specific contaminants and technical bulletins addressing the Tiered Approach to Corrective Action Objectives (TACO). Program updates and notices, including changes to payment procedures and technical requirements, are regularly posted on the Illinois EPA website. The Illinois EPA encourages stakeholders to subscribe to the Leaking UST Program Contact Information Form to receive notifications of program changes. For further information or questions, interested parties can contact the Leaking UST Section by phone at 217-524-3300 or fax at 217-782-9308. The program currently remains active and continues to process claims and provide regulatory oversight to ensure effective environmental protection across the state of Illinois.