How does temporary non-compliance with UST requirements affect applicability of the new EPCRA thresholds?
Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the new thresholds for EPCRA reporting for that calendar year. The facility must be in compliance with UST requirements at all times during a particular calendar year to use the new thresholds for reporting for that year. For purposes of using the new EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered “not in compliance” with UST requirements? A facility is not in compliance with the UST requirements (and therefore not eligible for the new EPCRA thresholds) when it first fails to meet the UST requirements. For example, if an owner or operator of a retail gas station has a tank system that was not in compliance with UST requirements that went into effect in December of 1998 (see 40 CFR 280.21(a) and 281.31), that owner or operator can not apply the new thresholds in today’s rule for the EPCRA section 312 report that is due
Related Questions
- 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?
- How will the new UST rule affect UST operator training requirements?
