The Michigan Underground Storage Tank Authority (MUSTA) just released statistics on the operation of the Underground Storage Tank Cleanup Fund (Fund) to date, as well as data regarding the number of UST facilities submitting information to MUSTA to utilize the Fund (see below). While the number of facilities submitting deductible buy-down requests and requests for determination of eligibility has risen significantly in the last month or two, the participation numbers are relatively low (less than 25% of active UST facilities submitted requests for determination of eligibility). Although two claims have been submitted to the Fund, no invoices have been submitted for reimbursement to date – therefore, there have been no disbursements from the Fund. The reasons for low participation are unclear, although greater use of the fund is anticipated as the UST insurance industry adapts to this new reimbursement mechanism.
With regard to the issue of EPA approval, although the EPA has not yet granted full approval of the Fund, this update seems to indicate that MUSTA is being responsive to EPA’s information requests and progress is being made.
We will continue to keep you updated on the status and utilization (and associated issues) of the Fund.
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