Release Eligibility - Petroleum Tank Release Cleanup Fund

Eligibility Requirements: (§75-11-308(1), MCA)

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 from an underground storage tank that was in compliance with the operating permit requirements (§75-11-509, MCA) at the time that the release was discovered, or
  • the release was from a petroleum storage tank that was in compliance with the applicable laws and rules that the Board determines pertain to the prevention and mitigation of a petroleum release at the time that the release was discovered, or
  • the release was from an underground storage tank that the Board determines was unknown to both the owner and the Department of Environmental Quality and if the owner applies for a closure permit (§75-11-212, MCA) within 30 days of the date the owner first knew of the tank and closes the tank before the permit expires, and
  • the release was an accidental release.

Tanks Not Eligible for the Fund: (§75-11-302(21), MCA, §75-11-308(2), MCA)

Tanks that are statutorily exempt from receiving assistance from the Petroleum Tank Release Compensation Fund 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.

How to Apply to the Fund

Complete an Application for Petroleum Release Eligibility (Form 1R)

  • All past and present tanks at a facility must be listed on the eligibility form.
  • The form must have the notarized signature of the owner/operator.
  • Return the form to the Petroleum Tank Release Compensation Board to the address provided on the form, as soon as it is completed.