Interim Consolidated Enforcement Penalty Policy for Underground Storage Tank (UST)

The Environmental protection Agency in its Office of Underground Storage Tanks (EPA-OUST), has recently proposed and released an Interim Consolidated Enforcement Penalty Policy for UST Regulations and Revised Field Citation Program and ESA Pilot.  This program provides UST owners with an expedited penalty process for compliance violations.

There are ten subparts of assessments included, three of which are: Program Scope and Installation Requirements for Partially Excluded UST Systems; UST System Design, Construction, Installation, and Notification; and General Operating Requirements. Each subpart is accompanied by a chart with 7 categories to assess the degree of the offense (unit of assessment, deviation from requirement, potential for harm, base penalty value, field citation penalty value, expedited settlement penalty value, and recommended operator class designation for retraining).

Below are a few example violations:

  • Failure of owner and operator of a partially excluded UST system to install that UST system to be cathodically protected against corrosion, constructed of non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance. This is considered a major violation and carries a base penalty of $3,500 and expedited settlement of $940.
  • Failure to install secondary containment on new piping systems or when piping is replaced carries a base penalty of $3,500 and is not eligible for an expedited settlement.
  • Failure to ensure Class A and B operators complete, within 30 days after notice of violation, a training program or comparable exam according to §280.242 that covers, at minimum, training areas determined to be out of compliance. This is considered a moderate violation and carries a base penalty of $300 and expedited settlement of $170.
  • Failure to provide any certification of UST installation. This is considered a minor violation and carries a base penalty of $200 and expedited settlement of $90.
  • Failure to ensure that repaired secondary containment areas and tank UST systems are tightness tested within 30 days of completion of repair carries a base penalty of $1,500 and expedited settlement of $600.

Please visit EPA’s website, https://www.epa.gov/sites/production/files/2018-10/documents/final-interim-consolidated-ust-penalty-policy.pdf for additional information. If you would like to discuss or have questions, feel free to reach out to us at: marketing@ppmco.com.

 

Contributed by Sarah Breithaupt, Marketing Intern