Indiana Expands Accessibility of Excess Liability Trust Fund

On May 4, 2023, Governor Holcomb signed Senate Bill 246 into law as Public Law 176, expanding both the types of tanks and scope of work eligible for the Excess Liability Trust Fund (“ELTF”). In addition to underground storage tanks, the ELTF will provide coverage for releases from above-ground storage tanks located at motor fuel bulk plants and airports. The new law also permits the ELTF to pay 50% of the cost of decommissioning or replacing underground storage tank systems that are old, obsolete, or deteriorated. Under certain circumstances, the ELTF can now be used even after a no further action determination or equivalent is issued to perform additional remediation or to permanently decommission the site as a petroleum facility. More information about the new law can be found here.