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Underground Storage Tank (UST) Compliance Monitoring and Enforcement Process: How are Violations Identified?
RCRA UST Enforcement Quick Links
- RCRA Home
- UST Enforcement
- UST Enforceable Requirements
- Enforcement Process
- Identifying Violations
- Determining Enforcement Response
- Taking Enforcement Actions
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Underground Storage Tank (UST) violations are typically identified through inspections and self-disclosures. | ||
Inspections and Compliance ReportsState and EPA ResponsibilitiesThe UST program is largely administered by the states, and states conduct the bulk of UST inspections. EPA inspectors can also lead UST inspections. EPA inspectors are the primary inspectors in Indian Country. States with State Program Approval
States without State Program Approval EPA will enter into grant/cooperative agreements with state programs to coordinate UST enforcement actions. In nearly all cases the state is designated as the primary implementing agency. Inspection CycleThe Energy Policy Act required that the EPA, and States that receive funding under the Resource Conservation and Recovery Act (RCRA) Subtitle I, inspect, by August of 2007, all regulated USTs that had not been inspected since December 22, 1998. All covered tanks are now to be inspected once every three years. Energy Policy Act Reporting Requirements
Enforcement Response in the Field - Field CitationsField citations provide an immediate enforcement response during or at the close of an inspection. If an EPA inspection uncovers a violation, the region may issue a field citation at the close of the on-site inspection, shortly after the inspection, or after preparation of the inspection report. A field citation is designed to address clear and easily correctible violations, and is usually only appropriate for first-time violators. See the Field Citations section of this website for a more detailed discussion on the appropriate use of field citations. Self DisclosuresAudit PolicyThe Audit Policy, (formally titled, Incentives for "Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations") encourages voluntary and prompt self-disclosure of violations. The regulated community may use the Audit Policy to identify violations, or potential violations, and voluntarily correct and report them. Once a self-disclosure is made, and specific Audit Policy conditions are met, the EPA may consider a reduction or even a complete mitigation of the gravity component of the penalty. Determinations are considered on a case-by-case basis. Self-disclosure must be voluntary and not required by statute or regulation. If violations are discovered during any regulatory inspection prior to self-disclosure, penalty reductions under the Audit Policy will not be possible. EPA has also developed an environmental audit protocol (PDF) (162 pp, 11MB,About PDF) evaluating RCRA regulated tanks. How to Self-DiscloseUnder the Audit Policy, once a violation has been discovered, the violator must disclose the violation in writing to EPA. Self-Disclosures must identify the:
Once a disclosure is made the EPA will send a Follow-up Letter (PDF) (5 pp, 13K,About PDF). Responses to the attached questionnaire provide the information needed to evaluate the nine conditions that may lead to penalty mitigation. Nine Conditions for Penalty MitigationThe Audit Policy contains nine conditions that affect the extent of penalty mitigation. If all nine conditions are met, the gravity-based penalties can be eliminated. The Agency, however, reserves the right to collect any economic benefit that may have been realized as a result of noncompliance. Next Topic: How is an Appropriate Response Determined? For more information, refer to: |
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