Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1)

250-RICR-140-25-1 PROPOSED RULE

Title 250 Department of Environmental Management
Chapter 140 Waste and Materials Management
Subchapter 25 Oil & Underground Tanks
Part 1 Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1)
Type of Filing Direct Final Amendment
Regulation Status Proposed
Filing Notice Date 08/29/2025
Public Comment Dates 08/29/2025 to 09/28/2025

Regulation Authority:

R.I. Gen. Laws §§ 42-17.1-2(30)
42-17.1-2(31)
R.I. Gen. Laws Chapter 46-12
and in accordance with Chapter 42-35.

Purpose and Reason:

DEM has not historically offered lower deductible amounts for the Rhode Island Underground Storage Tank Financial Responsibility Act (UST Fund). DEM proposes to remove regulatory language that may exclude certain underground storage tanks (USTs) from potentially qualifying for lower deductible amounts in the future. The current language excludes USTs from being eligible for a lower deductible amount due to compliance-related issues. However, this wording does not consider that USTs may have different owners over time. It is the owners who are responsible for the deductible if they need to access the UST Fund. This policy change would permit DEM to propose eligibility requirements for certain lower deductible amounts – without excluding owners who may be impacted by previous owners’ compliance issues. 

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