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Subpart B--UST Systems: Design, Construction, Installation, and Notification: Appendix A Matrix Values for Selected Violations of Federal Underground Storage Tank Regulations OSWER Directive 9610.12 U.S. EPA Penalty Guidance For Violations of UST Regulations

Matrix Values for Selected Violations of
Federal Underground Storage Tank Regulations
SUBPART B -- UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION
NOTE: This list of selected violations is NOT intended to be exhaustive
and, therefore, may not include all possible violations

§280.20 Performance standards for new UST systems
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.20(a)(1) Installation of an improperly constructed fiberglass-reinforced plastic tank (T) Major Major $1500
§280.20(a)(2) Installation of an improperly designed and constructed metal tank that fails to meet corrosion protection standards (T) Major Moderate $750
§280.20(a)(2)(i) Installation of a metal tank with unsuitable dielectric coating (T) Major Moderate $750
§280.20(a)(2)(ii) Installation of an improperly designed cathodic protection system for a metal tank (T) Moderate Moderate $500

§280.20(a)(2)(iii)

Improper Installation of cathodic protection system for a metal tank (T) Moderate Moderate $500
§280,20(a)(2)(iv) Improper operation and maintenance of tank cathodic protection system (T) Major Moderate $750
§280.20(a)(3) Installation of an Improperly constructed steel-fiberglass-reinforced-plastic tank (T) Major Moderate $750
§280.20(b)(1) Installation of Improperly constructed fiberglass-reinforced plastic piping (P) Major Major $1500
§280.20(b)(2) Failure to provide any cathodic protection for metal piping (P) Major Moderate $750
§280.20(b)(2)(i) Installation of piping with unsuitable dielectric coating (T) Major Moderate $750
§280.20(b)(2)(ii) Installation of improperly designed cathodic protection for metal piping (P) Moderate Moderate $500
§280.20(b)(2)(iii) Improper installation of cathodic protection system for piping (P) Moderate Moderate $500
§280.20(b)(2)(iv) Improper operation and maintenance of cathodic protection system for metal piping (P) Major Moderate $750
§280.20(c)(1) Failure to install any spill prevention system (T) Major Major $1500
§280.20(c)(1)(i) Installation of inadequate spill prevention equipment in a new tank (T) Major Major $1500
§280.20(c)(1) Failure to install any overfill prevention system (T) Major Moderate $750
§280.20(c)(1)(ii) Installation of inadequate overfill prevention equipment in a new tank (T) Major Moderate $750
§280.20(d) Failure to install tank in accordance with accepted codes and standards (T) Varies2 Varies2 see matrix
§280.20(d) Failure to install piping in accordance with accepted codes and standards (P) Varies2 Varies2 see matrix
§280.20(e) Failure to provide any certification of UST installation (F) Moderate Minor $100
§280.20(e)(1)-(6) Failure to provide complete certification of UST installation (F) Minor Minor $50
280.21 Upgrading of existing UST systems
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.21(b) Failure to meet all tank upgrade standards (T) Major Major $1500

§280.21(b)(1)(i)

Improper Installation of interior lining for tank upgrade requirements (T) Major Major $1500

§280.21(b)(1)(ii)

Failure to meet Interior lining Inspection requirements for tank upgrade (T) Major Moderate $750

§280.21(b)(2)(i)

Failure to ensure that tank is structurally sound before installing cathodic protection (T) Major Moderate $750

§280.21(b)(2)(ii)

Failure to provide any monthly monitoring of cathodic protection for tank upgrade requirement (T/F) Major Major $1500

§280.21(b)(2)(ii)

Failure to provide continuous monthly monitoring of cathodic protection for tank upgrade requirement (T/F) Moderate Minor $100

§280.21(b)(2)(iii)

Failure to meet tightness test requirements for a tank upgraded with cathodic protection (T/F) Major Moderate $750

§280.21(b)(2)(iv)

Failure to meet requirements for testing for corrosion holes for a tank upgraded with cathodic protection (T/F) Major Moderate $750

§280.21(c)

Failure to install any cathodic protection for metal piping upgrade requirements (P) Major Major $1500

§280.21(c)

Failure to meet tightness test requirements for cathodically protected metal piping (P) Major Moderate $750
§280.21(d) Failure to provide spill prevention system for an existing tank (T) Major Major $1500
§280.21(d)< Failure to provide overfill prevention system for an existing tank (T) Major Moderate $750
280.22 Notification requirements
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.22(a) Failure to notify state or local agency within 30 days of bringing an UST system into use (T) Major Major $1500
§280.22(a) Failure to notify designated state or local agency of existing tank (T) Major Major $1500
§280.22(c) Failure to identify on the submitted notification form all known tanks at that site (F) Major Moderate $750
§280.22(c) Failure to submit a separate notification form for all notified tanks that are located at a separate place of operation (F) Major Minor $200
§280.22(e)-(f) Failure to provide complete certification of all requirements on the notification form (F) Moderate Minor $100
§280.22(g) Failure to inform tank purchaser of notification requirements (T) Major Major $1500

1Unit assessment refers to whether the penalty should be applied per tank (T) or facility (F). Where the violation applies to piping (P), the assessment will depend on whether the piping is associated with one tank or more than one tank.

2Deviation from requirement and potential for harm will vary depending upon the specific code or standard violation.

 

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