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Selected Violations Of Federal Underground Storage Tank Regulations D--Release Detection OSWER Directive 9610.14 Guidance For Federal Field Citation Enforcement April 9, 1992

Selected Violations of Federal Underground Storage Tank Regulations
SUBPART D -- RELEASE DETECTION
280.40 General requirements for all UST systems
(Applies only to petroleum tanks)
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§280.40(a) Failure to provide adequate release detection method $300
§280.40(b) Failure to notify implementing agency when release detection indicates release
§280.40(c) Failure to provide any release detection method by phase-in date $150
§280.40(d) Failure to close any UST system that cannot meet release detection requirements $300
280.41 Requirements for petroleum UST systems
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§ 280.41(a) or Failure to monitor tanks at least every 30 days, if appropriate $300
§280.41(a)(1) or Failure to conduct tank tightness testing every 5 years, if appropriate $300
§ 280.41(a)(2) Failure to conduct annual tank tightness testing, if appropriate $300
§280.41(b)(1)(i) Failure to equip pressurized piping with automatic line leak detector $300
§280.41(b)(1)(ii) Failure to have annual tank tightness test or perform monthly monitoring on pressurized piping $300
§ 280.41(b)(2) Failure to conduct line lightness test or use monthly monitoring on suction piping $300
280.42 Requirements for hazardous substance UST systems
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§280.42(a) Failure to provide release detection for an existing hazardous substance tank system
§280.42(b) Failure to provide adequate release detection for a new hazardous substance UST system
§280.42(b)(1 Failure to provide adequate secondary containment of tank for a hazardous substance UST
§280.42(b)(2) Failure to provide adequate double-walled tank/adequate lining for a hazardous substance UST
§280.42(b)(3) Failure to provide adequate external liners for a hazardous substance UST
§280.42(b)(4) Failure to provide adequate secondary containment of piping for a hazardous substance UST
280.43 Methods of release detection for tanks
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§280.43(a) Inadequate operation or maintenance of inventory control $300
§280.43(a)(1)-(6) $50 each
§280.43(b) Inadequate operation or maintenance of manual tank gauging $300
§280.43(b)(1)-(4)* $50 each
§280.43(c) Inadequate operation or maintenance of tank tightness testing $150
§280.43(d) Inadequate operation or maintenance of automatic tank gauging $300
§280.43(d)(1)-(2) $150 each
§280.43(e) Inadequate operation or maintenance of vapor monitoring $300
§280.43(e)(1)-(7)# $150 each
§280.43(f) Inadequate operation or maintenance of ground-water monitoring $300
§280.43(f)(1)-(8)@ $150 each
§280.43(g) Inadequate operation or maintenance of interstitial monitoring $300
280.44 Methods of release detection for piping
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§280.44 Failure to provide any release detection for underground piping $300
§280.44(a) or Failure to provide adequate line leak detector system for underground piping $150
§280.44(b) Failure to provide adequate line tightness testing system for underground piping system $150
§260.44(c) Inadequate use of applicable tank release detection methods $150
280.45 Release detection recordkeeping
Regulatory Citation Violation Violations Appropriate for Regulatory Field Citations (Penalty Amount)
§280.45 Failure to maintain records of release detection monitoring $150
§280.45(a) Failure to document all release detection performance claims for 5 years after installation $50
§280.45(b) Failure to maintain results of sampling, testing or monitoring for release detection for at least 1 year or failure to retain results of tightness testing until next test is conducted $50
§280.45(c) Failure to document calibration, maintenance, and repair of release detection $50

* If citing more than 3 subsections, cite instead §280.43(b) or §280.41 (a)

# If citing more than 1 subsection, cite instead §280.43(e)

@ If citing more than 1 subsection, cite instead §280.43(f)

[ Directive 9610.14 ]

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