Board Approves New Policy for the Collection and Presentation of Data for Petroleum-Contaminated Soil

On March 30, 2017, the UST Board approved a new policy that presents guidance on collecting data to support costs for the characterization, management, and disposal of Petroleum-Product contaminated soil. The purpose of this policy is to provide an acceptable framework for collecting and submitting documentation that demonstrates that soil excavated and disposed of as part of a Response Action is eligible for reimbursement. The full text of the policy can be found on the UST Policies webpage

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New Claim Application Filing Policy

In accordance with a January 26, 2017 UST Board approved policy, the UST Program will no longer be accepting hard copy (i.e. paper) Applications for Reimbursement that are incomplete or contain incorrect information.   If this information is missing, the UST Program cannot enter the claim into the eUST system and the claim will be returned to the Claimant or Preparer that sent the claim.  Typical filing errors include, missing signatures, incorrect facility or facility owner information, missing Owner Authorization forms, and missing or incomplete Appendix 4A data.  It is important to note that only a claim that is complete and able to be entered into eUST will receive an official “received date”.  

To avoid these filing problems, you are strongly encouraged to file all applications through eUST, which validates the information during the claim preparation and submission process.  If you are unable to obtain a completed and executed Owner Authorization form, we suggest you consult the UST Board policy entitled “Policy for Claimant Unable to Obtain Owner Authorization” at the following URL Policy for Claimants Unable to Obtain Owner Authorization.pdf.

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UST Delivery Fee Rate Change Starting January 1, 2017

IMPORTANT: In accordance with 2013 legislation, the Delivery Fee imposed under Mass. Gen. Laws c. 21J is required to be adjusted at the beginning of each calendar year by the percentage, if any, by which the consumer price index, as defined in section 1 of the Internal Revenue Code (26 U.S.C. sec. 1) for the preceding year exceeds the consumer price index for the calendar year that ends before such preceding year. Effective January 1, 2017, the UST Delivery Fee will increase from $255.10 per Delivery Load of 10,000 gallons to $257.15 per Delivery Load (i.e., 2.5715 cents per gallon).  Please refer to the Fee Collection section on the UST Forms webpage for the official notice and revised monthly reporting form (Form 500).

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New COC Filing Tutorial Video added to eUST

A new tutorial video has been added to eUST that provides step-by-step instructions on how to electronically file a Certificate of Compliance application (or renewal application).   Once logged into eUST, you can access the video under the Help Videos tab.  Other tutorial videos that are available include filing an Application for Reimbursement and  SuperUser Admin functions.  Please remember to complete the brief survey at the end of the video as it will help us to make improvements to the website.

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IMPORTANT: In accordance with 2013 legislation, the Delivery Fee imposed under Mass. Gen. Laws c. 21J is required to be adjusted at the beginning of each calendar year by the percentage, if any, by which the consumer price index, as defined in section 1 of the Internal Revenue Code (26 U.S.C. sec. 1) for the preceding year exceeds the consumer price index for the calendar year that ends before such preceding year. Effective January 1, 2016, the UST Delivery Fee will increase from $253.95 per Delivery Load of 10,000 gallons to $255.10 per Delivery Load (i.e., 2.5510 cents per gallon).

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Former EMI Owners Sentenced for Multi-Million Dollar UST Fund Fraud Scheme

Former principal owners of Environmental Management of Illinois, Inc. (EMI), Springfield, Ill., were sentenced to three years and two and one-half years, respectively, in federal prison for a scheme that defrauded the Illinois Environmental Protection Agency of millions of dollars in cleanup funds.  Co-defendant Michael Keebler, who bought the business in 2006, was sentenced in August 2015 to five years in prison for the scheme, which, over a period of 12 years, from 2001 to 2013, swindled money from the state’s UST Fund administered by Illinois EPA to clean up sites contaminated by leaking underground storage tanks.    Also, each defendant shares jointly and severally in the court’s order to pay restitution of $13.36 million.  To read more about this case, click here.

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The Appendix 3 Reimbursement Fee Schedule has been revised, effective for work performed on or after September 1, 2015.  The Reimbursement Fee Schedule has been updated to reflect current costs, MCP regulatory changes, and changes in industry standards and practices.   The revised fee schedule can be found on the UST Regulations, Policies & Guidelines webpage. These changes have also been incorporated into the electronic claim filing system, “eUST”.  Please note that several prior task codes have either been combined with other task codes or eliminated.  Please verify the work performed against the new task code list and workbook guidance section when preparing an Application for Reimbursement.

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Effective January 2, 2015, MassDEP promulgated regulations for the construction, operation, and maintenance of USTs (310 CMR 80.00). Concurrently, the previous Department of Fire Services regulations that regulated USTs (527 CMR 9.00) were repealed. Effective January 26, 2015, the UST Petroleum Product Cleanup Fund Administrative Review Board voted to adopt the MassDEP UST regulations (310 CMR 80.00) as the primary governing regulations regarding UST compliance. The UST Administrative Review Board is in the process of updating the program regulations (503 CMR 2.00) to reflect this change. Of note, Certificate of Compliance applications no longer require the submission of a FP-290 Part 3 permit with the application. The COC application forms have been updated to reflect this change. These forms can be found in the UST Forms webpage.  As always, you are strongly encouraged to use the internet-based system “eUST” to submit, track, and manage your COC applications. Links to eUST can be found in the navigation links to the right. If you have any questions, please contact the UST Program at 617-626-2600.

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*Online payment options for your Annual Tank Fee are now available* You can now pay your Annual Tank Fee online. Payments can be made either through electronic funds transfer (EFT or ACH) directly from your bank account, credit card, or debit card. You will need information from your invoice readily available in order to make your payment. Please note that transaction convenience fees will apply for credit and debit card payments. There are no fees for EFT/ACH payments.

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The UST Program has  launched a new web-based program called “eUST” that allows the online filing of Applications for Reimbursement, Applications for Eligibility, and Applications for a Certificate of Compliance. In addition to the convenience of filing and tracking the status of the forms electronically, the new program will allow facility owners and claimants to manage authorized users online and eliminate the need for Owner Authorization forms.  Please select the “Electronic Filing System – eUST” Quick Link for more information.

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The Commonwealth has converted its vendors from receiving paper checks to Electronic Funds Transfer (EFT). As of January 1, 2012, the preferred method of vendor payment is via EFT. Please click on the attached file doc format of EFT Vendor Memo.doc
with further instructions on how to enroll in EFT