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New UST Provisions Limit DEQ’s Auditing Role, Extend Document Retention Period
The underground storage tank (UST) sections of the Natural Resources Environmental Protection Act (Parts 213 and 215) were amended effective May 1, 2012 under P.A. 113. The amendments, among other things, limit the DEQ's auditing role for UST closures, provide owners/operators of UST systems with additional administrative review of denied reports, require written notice of UST releases before property on which the USTs were located can be transferred and extends some of the timelines for required reports following discovery of releases from USTs. The amendments require an owner/operator to keep closure reports and related documents for at least six years.
The amendments also create an Underground Storage Tank System Cleanup Advisory Board within the DEQ to provide recommendations on using the refined petroleum fund to assist owners/operators in financing corrective actions under Part 213. Initial recommendations of this Board are due by March 1, 2013.