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Subpart H--Financial Responsibility: 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 H -- FINANCIAL RESPONSIBILITY
NOTE: This list of selected violations is NOT intended to be exhaustive
and, therefore, may not include all possible violations

280.93 Amount and Scope of Required Financial Responsibility
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.93(a) Failure to comply with financial responsibility requirements by the required phase-in time (F) Major Moderate $750
§280.93(a)(1)-(2) Failure to meet the requirement for per-occurrence coverage of insurance. (F) Major Moderate $750
§280.93(b)(1)-(2) Failure to meet the requirement for annual aggregate coverage of Insurance. (F) Major Moderate $750
§280.93(f) Failure to review and adjust financial assurance after acquiring new or additional USTs (F) Major Moderate $750
280.94 Allowable Mechanisms and Combination of Mechanisms
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.94 Use of an unapproved mechanism or combination of mechanisms to demonstrate financial responsibility (F) Major Moderate $750
280.95 Financial Test of Self-Insurance
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.95 Use of falsified financial documents to pass financial test of self-insurance (F) Major Moderate $750
280.106 Reporting By Owner or Operator
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.106(a)(1) Failure to report evidence of financial responsibility to the implementing agency within 30 days of detecting a known or suspected release (F) Moderate Minor $100
§280.106(a)(2) Failure to report evidence of financial responsibility to the implementing agency when new tanks are installed (F) Moderate Minor $100
§280.106(b) Failure to report evidence of financial responsibility to the implementing agency if the provider becomes incapable of providing financial assurance and the owner or operator is unable to obtain alternate coverage within 30 days. (F) Moderate Minor $100
280.107 Recordkeeping
Regulatory
Citation
Violation Unit
Assess-
ment1
Deviation
from
Requirement
Potential
for Harm
Matrix
Value
§280.107 Failure to maintain copies of the financial assurance mechanism(s) used to comply with financial responsibility rule and certification that the mechanism is in compliance with the requirements of the rule at the UST site or place of business (F) Moderate Minor $100

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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