Release Eligibility

tank sump being pumped.

To apply for eligibility for funding of corrective action on a petroleum release the owner or operator of a petroleum storage tank must complete an Application for Petroleum Release Eligibility (Form 1R). It is essential that all past and present tanks at a facility be listed on the eligibility form. The form must have the notarized signature of the owner/operator. This form should be returned to the Petroleum Tank Release Compensation Board to the address provided on the form as soon as possible.  The review process can take several months. The board staff will inform the tank owner or operator of the staff recommendation in writing. The staff recommendation requires ratification during the regularly scheduled board meeting.

An owner/operator is eligible for reimbursement of eligible costs caused by a release from a petroleum storage tank only if:

  • the release was discovered on or after April 13, 1989;
  • the release was an accidental release;
  • petroleum storage tank was in compliance with the applicable laws and rules when the release was discovered.

Tanks which are statutorily exempt from Petroleum Tank Release Compensation Fund coverage are:

  • aboveground petroleum storage tanks with capacities of 30,000 gallons or greater;
  • tanks located at a refinery or a terminal of a refiner;
  • tanks located at an oil and gas production facility;
  • tanks that are, or were, previously under ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of non-railroad operations;
  • tanks belonging to the federal government;
  • tanks owned or operated by a person who has been convicted of a substantial violation of state or federal law or rule that related to the installation, operation or management of petroleum storage tanks;
  • mobile storage tanks used to transport petroleum or petroleum products from one location to another.