UST Financial Responsibility | Commercial Liability Insurance Submittal Checklist

The following guidance can help you successfully submit Financial Responsibility (FR) information and prevent common errors.

Insurance agreement should provide coverage for both:

  • Bodily injury or property damage caused by pollution condition/pollution incident
  • Corrective action costs/cleanup costs related to a pollution incident

Ensure you have a valid Certificate of Insurance

A certificate of insurance provides specific coverage information, such as:

  • information on types and limits of coverage
  • insurance company
  • policy number
  • name of the insured
  • policy’s effective periods

To ensure your FR submission is processed, the certificate of insurance or endorsement must contain required language per the Code of Federal Regulations (CFR) | View 40 CFR 280.97(b) (1) or 40 CFR 280.97(b) (2) >

Example of a Certificate of Insurance | View >

Provide the Tank Schedule

The tank schedule lists the tanks covered under the policy and typically lists a retroactive date. If a retroactive date is not listed on the tank schedule, it must be on another official policy document and compliant with Arizona Revised Statutes (ARS) | View ARS 49-1006.01.C >

Example of a Tank Schedule | View >

Complete Timely Claim Reporting

Typically, the insured must provide the insurance carrier with a notice of claim as soon as possible during the policy period or extended period. Notice of claim requirements vary between carriers. Some carriers have specific deadlines for notice of claims.

Provide Notice Prior to Tank Removals, Repairs or Upgrades

Typically, the insured must provide the insurance carrier with notice before a tank removal, repair, replacement/or upgrade. Notice of removal requirements vary between carriers. Some carriers have specific deadlines for notice of claims. For example, Great Divide Insurance requires notice by phone or email at least 48 hours prior to the covered storage tank system(s) upgrade, repair, removal or replacement.

Voluntary Tank Removal Exclusions

Voluntary tank removal exclusion language in a policy does not meet federal FR requirements | View 40 CFR 280, Subpart H >

Voluntary tank removal language varies and is unique to each carrier. Generally, voluntary tank removal language will state that the policy will not cover any claim arising out of voluntary tank removal. 

Voluntary tank removal exlusions details and examples | View EPA Memo > 

Preventing Common FR Submittal Issues