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Subpart D--Release Detection: 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 D -- RELEASE DETECTION
NOTE: This list of selected violations is NOT intended to be exhaustive
and, therefore, may not include all possible violations

280.40 General requirements for all UST systems
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.40(a)(1) Failure to provide adequate release detection method capable of detecting a release from tank or piping that routinely contains product (T/F) Major Major $1500
§280.40(a)(2) Failure to install, calibrate, operate, or maintain release detection method in accordance with manufacturer's instructions (T/F) Major Major $1500
§280.40(a)(3) Failure to provide a release detection method that meets the performance requirements in §280.43 or §280.44 (F) Major Major $1500
§280.40(b) Failure to notify implementing agency when release detection indicates release (F) Major Major $1500
§280.40(c) Failure to provide any release detection method by phase-in date (F) Major Major $1500
§280.40(d) Failure to close any UST system that cannot meet release detection requirements (F) Major Major $1500
280.41 Requirements for petroleum UST systems
§ 280.41(a) Failure to monitor tanks at least every 30 days, if appropriate (T) Major Major $1500
§280.41(a)(1) Failure to conduct tank tightness testing every 5 years, if appropriate (T) Major Major $1500
§280.41(a)(2) Failure to conduct annual tank tightness testing, if appropriate (T) Major Major $1500
§280.41(b) Failure to use any underground piping monitoring method (P) Major Major $1500
280.42 Requirements for hazardous substance UST systems
§280.42(a) Failure to provide release detection for an existing hazardous substance tank system (F) Major Major $1500
§280.42(b) Failure to provide adequate release detection for a new hazardous substance UST system (F) Major Major $1500
§280.42(b)(1) Failure to provide adequate secondary containment of tank for a hazardous substance UST (T) Major Major $1500
§280.42(b)(2) Failure to provide adequate double-walled tank/adequate lining for a hazardous substance UST (T) Major Major $1500
§280.42(b)(3) Failure to provide adequate external liners for a hazardous substance UST (T) Major Major $1500
§280.42(b)(4) Failure to provide adequate secondary containment of piping for a hazardous substance UST (T) Major Major $1500
280.44 Methods of release detection for piping
§280.44 Failure to provide any release detection for underground piping (P) Major Major $1500
§280.44(a) Failure to provide adequate line leak detector system for underground piping (P) Major Major $1500
§280.44(b) Failure to provide adequate line tightness testing system for underground piping system (P) Major Major $1500
§260.44(c) Inadequate use of applicable tank release detection methods (P) Major Major $1500
280.45 Release detection recordkeeping
§280.45 Failure to maintain any records of release detection monitoring (F) Major Major $1500
§280.45 Failure to maintain every record of release detection monitoring (F) Moderate Minor $100
§280.45(a) Failure to document all release detection performance claims for 5 years after installation (F) Moderate Minor $100
§280.45(b) Failure to maintain any results of sampling, testing or monitoring for release detection for at least 1 year (F) Major Major $1500
§280.45(b) Failure to maintain every result of sampling, testing or monitoring for release detection for at least 1 year (F) Moderate Minor $100
§280.45(b) Failure to retain results of tightness testing until next test is conducted (F) Major Major $1500
§280.45(c) Failure to document any calibration, maintenance, and repair of release detection (F) Major Major $1500
§280.45(c) Failure to document every calibration, maintenance, and repair of release detection (F) Moderate Moderate $500

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.


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