How are Penalties for Non-Compliance with UST Requirements Determined?
UST enforcement actions must take into account penalty calculations and, when proposed, supplemental environmental projects. RCRA §9006 allows the agency to assess monetary penalties for violations of UST requirements. Factors to be considered when determining penalties include: The seriousness of the violation and any good faith efforts to comply with the applicable requirements; the compliance history of the UST owner or operator; and any other factor the Administrator considers appropriate. The Penalty Guidance for Violations of UST Regulations (UST Penalty Policy) provides guidelines for calculating penalty calculations. The “UST Penalty Policy” includes gravity-based and economic benefit components, which are the major drivers for calculating the initial penalty amount. These amounts may be adjusted upward or downward, depending on other factors. Part of the UST Penalty Policy’s explanation for calculating the economic benefit component, however, has become outdated. Exhibit 3, li
Related Questions
- Do facilities have to comply with the federal Underground Storage Tank (UST) requirements or with state UST requirements to be eligible to use the new gasoline and diesel fuel thresholds?
- How does temporary non-compliance with Underground Storage Tank (UST) requirements affect applicability of the new Emergency Planning and Community Right-to-Know Act (EPCRA) thresholds?
- How are Penalties for Non-Compliance with UST Requirements Determined?
