1. UST Registration Program Notification Form Financial Responsibility UST Fee Reconciliation & Tax Amnesty Tom Newcomb, UST Compliance Specialist (317) 234-0357 tnewcomb@idem.IN.gov

2. UST Registration Program What has changed with tank registration? UST Branch level program now No visible change in operations yet Working on process for faster reconciliation of tank fees

3. UST Registration Program Program Director – Tom Newcomb: 317-234-0357 tnewcomb@idem.IN.gov tnewcomb@idem.IN.gov UST NF/Fee Coordinator – Nicole Wheeler: 317-234-0343 nwheeler@idem.IN.gov nwheeler@idem.IN.gov UST NF/FR Specialist – John Gunter: 317-605-4469 jgunter@idem.IN.gov jgunter@idem.IN.gov UST NF/FR Specialist – Jon Fonacier: 317-232-8854 jfonacie@idem.IN.gov jfonacie@idem.IN.gov

4. UST Notification Form Update State Form 45223 (R5 / 1-14) o 4,172 active UST sites in Indiana o 3045 sites have submitted (73%) o 1935 sites have at least one rejection (63% of submitted) o 1217 sites have been approved (29% or 40% of those submitted)

5. UST Notification Form Update What’s the problem with registering sites? o Not being filled out completely o Not certifying Financial Responsibility o Incorrect owner/operator info/ addresses/ signatures o Tank data just doesn’t match what we’ve been told previously

6. UST Notification Form Update What’s the future of tank registration? o Separate Request for Closure form o Change of Ownership o Electronic submittal (maybe with rule re-write)

7. UST Financial Responsibility Full implementation of the rule (329 IAC 9-8) Mechanisms: Use ELTF or go it alone ($2M vs $1M) Certification of Financial Responsibility (COFR) Certificate of Financial Assurance (COFA) State Form 52884 (5-14)

8. UST Financial Responsibility Full implementation of the rule (329 IAC 9-8) Mechanisms: Use ELTF or go it alone ($2M vs $1M) Certification of Financial Responsibility (COFR) Certificate of Financial Assurance (COFA) State Form 52884 (5-14)

9. UST Financial Responsibility Deductible mechanisms (329 IAC 9-8-11) o Loan Commitment Letter (9-8-11(c)(1)) o CD & Standby Trust Fund (9-8-11(c)(2) & 9-8-13) o Tangible Net Worth Letter (9-8-11(c)(3)) o Liability Insurance (9-8-11(c)(4)) o Surety Bond (9-8-11(c)(5)) o Letter of Credit (9-8-11(c)(6)) o Trust Fund & Standby Trust Fund (9-8-11(c)(7) & 9-8-13) o Guarantee (9-8-11(c)(8)) o Local Government options (9-8-11(d)(1) through (4))

10. UST Financial Responsibility Problems with the TNW Letter o Wording!!! o CPA must VERIFY the tangible net worth of the owner/operator o We don’t want to know about your checking account o We don’t want to know the bank gave you a line of credit o We don’t want to know about the TNW of a SHAREHOLDER of the company.

11. COFR: 329 IAC 9-8-21(c) Certification of Financial Responsibility [Owner or operator] hereby certifies that it is in compliance with the requirements of 329 IAC 9-8. The financial assurance mechanism(s) used to demonstrate financial responsibility under 329 IAC 9-8 is (are) as follows: [For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage, and whether the mechanism covers "taking corrective action" or "compensating third parties for bodily injury and property damage caused by" or "taking correc­tive action and compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases".]

12. COFR: 329 IAC 9-8-21(c) Certification of Financial Responsibility [Owner or operator name] hereby certifies that it is in compliance with the requirements of 329 IAC 9-8. The financial assurance mechanism used to demonstrate financial responsibility under 329 IAC 9-8 is as follows: [Type of mechanism] in the amount of $XX,000 to cover the deductible for coverage under Indiana’s Excess Liability Trust Fund due to [Owner or operator name] owning or operating 12 or fewer [or 13 or more] petroleum underground storage tanks. The [Type of mechanism] is for the period of [date range]. This mechanism covers the deductible required by the Excess Liability Trust Fund in the amount of $2,000,000 per occurrence for taking corrective action and/or compensating third parties for bodily injury and property damage caused by either sudden accidental releases and/or nonsudden accidental releases.

13. UST Financial Responsibility

14. UST Fee Reconciliation & Tax Amnesty

15. FEE TAX

16. DRAFT UST Fee Reconciliation & Tax Amnesty