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Subpart C--General Operating Requirements: 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 C -- GENERAL OPERATING REQUIREMENTS
NOTE: This list of selected violations is NOT intended to be exhaustive
and, therefore, may not include all possible violations

280.30 Spill and overfill control
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.30(a) Failure to take necessary precautions to prevent overfill/spillage during the transfer of product (F) Major Major $1500

§280.30(b)

Failure to report a spill/overfill (F) Major Major $1500

§280.30(b)

Failure to Investigate and clean up a spill/overfill (F) Major Major $1500
280.31 Operation and maintenance of corrosion protection
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.31(a) Failure to operate and maintain corrosion protection system continuously (F/T) Major Major $1500
§280.31(b)(1) Failure to ensure that cathodic protection system is tested within 6 months of installation (F/T) Major Major $1500
§280.31(b)(1) Failure to ensure that cathodic protection system is tested every 3 years thereafter (T/F) Major Moderate $750
§280.31(b)(1) Failure to meet one 3-year test for cathodic protection system (T/F) Moderate Minor $100
§280.31(b)(2) Failure to inspect cathodic protection system in accordance with accepted codes (T/F) Major Moderate $750
§280.31(c) Failure to inspect impressed current systems every 60 days (T/F) Major Moderate $750
§280.31(d) Failure to maintain any records of cathodic protection inspections (T/F) Major Moderate $750
§280.31(d) Failure to maintain every record of cathodic protection inspections (T/F) Moderate Minor $100
280.32 Compatibility

§280.32

Failure to ensure that UST system is made of or lined with materials compatible with substance stored (T/P) Major Major $1500
280.33 Repairs allowed
§280.33(a) Failure to repair UST system in accordance with accepted codes and standards (T) Varies2 Varies2 see matrix
§280.33(b) Failure to repair fiberglass-reinforced UST in accordance with accepted codes and standards (T) Varies2 Varies2 see matrix
§280.33(c) Failure to replace metal piping that has released product (P) Major Major $1500

§280.33(c)

Failure to repair fiberglass-reinforced piping in accordance with manufacturers specifications (P) Major Major $1500
§280.33(d) Failure to ensure that repaired tank systems are tightness tested within 30 days of completion of repair (T) Major Moderate $750
§280.33(e) Failure to test cathodic protection system within 6 months of repair of an UST system (T) Major Moderate $750
§280.33(f) Failure to maintain records of each repair to an UST system (T) Major Major $1500
280.34 Reporting and recordkeeping
For violations of reporting and recordkeeping, see appropriate regulatory section
(e.g., reporting of releases will be under Subpart D).

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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