UST / LUST Enforcement
 The UST / LUST enforcement program is designed to ensure that owners / operators of UST systems comply with the requirements of the law (RCRA, Subtitle I) and federal UST regulations. Our goal is to ensure that UST systems are installed, operated, maintained and closed properly to prevent harm to others and the environment. To achieve compliance, we use all tools available, including inspections, enforcement actions and compliance assistance. Compliance with UST regulations not only protects human health and the environment, but it makes good business sense too!
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ENFORCEMENT RESPONSIBILITIES
EPA Region 10 is responsible for enforcing federal regulations that pertain to UST systems in Alaska, Idaho, Oregon, Washington and on Indian Lands.
In Subtitle I of RCRA, Congress allowed EPA to delegate UST enforcement authority to state agencies after EPA has approved their program. EPA works with state agencies to develop their UST programs so that they meet the criteria required under RCRA. Once approved, the state has the primary role for implementing the program and enforcing its regulations. However, EPA retains the right to become involved in enforcement activities against a facility even under programs delegated to a state agency.
To date, EPA has granted state program approval only to Washington, where the Washington Department of Ecology (Ecology) conducts inspections of UST facilities and is responsible for the enforcement of state UST regulations. For more information on Washington’s UST inspection program, visit Ecology's web site. 
In Alaska, there is a Third-Party Inspection program based on state UST regulations. Although the state of Alaska through the Alaska Department of Environmental Conservation (ADEC) enforces the rules of the program, EPA has the right to enforce federal regulations within the state of Alaska if found necessary. For more information on Alaska’s UST inspection program, visit ADEC's web site.
For Oregon and Idaho, state UST programs are under development. In the interim, EPA primarily is responsible for overseeing the inspection of UST facilities and enforcing federal regulations that pertain to UST systems. The Oregon Department of Environmental Quality (ODEQ) enforces state UST regulations and has their own inspection program. In Idaho, the Idaho Department of Environmental Quality (IDEQ) conducts outreach and technical assistance, but it does not conduct inspections with enforcement actions.
EPA UST ENFORCEMENT ACTIONS
In Region 10, the EPA response to UST violations can vary due to the nature of the violation. Any serious noncompliance issues may be referred for formal enforcement at the discretion of the EPA UST / LUST Program. Types of enforcement actions typically invoked in the EPA UST / LUST program (ranging from the least to the most punitive) are:
- Field Notices of Non-Compliance
Examples of violations include the failure to stick your tank for the presence of water once per month if using inventory control or failure to have all 12 months of release detection records. Violations must be corrected during a specified time period depending on the violation. Owners / operators can request a 30-day extension.
Fine: None unless compliance is not attained
- Field Citations (or Expedited Enforcement Compliance Orders and Settlement Agreements)
Examples of violations include failure to conduct release detection or to properly document financial responsibility. Violations must be corrected during a specified time period depending on the violation. Owners / operators can request a 30-day extension.
Fine: $50 – $300 for each violation
- Administrative Complaint and Compliance Orders (or Consent Agreement and Final Orders)
These orders may be issued to an owner / operator for failure to follow such regulatory requirements as reporting a leak, cleaning up contamination or upgrading UST systems. Also, if an owner or operator of an UST system fails to resolve a Field Notice of Non-Compliance or a Field Citation, then EPA may assign a case developer and issue an order against the owner or operator to achieve compliance.
Fine: Varies depending on the severity of noncompliance, but can be as high as $11,000 per tank, per day for each violation.
Before issuing an enforcement action, EPA practices discretion by weighing the nature of the violation against any factors unique to the facility or the owner/operator including the inability to pay in cases of issuing orders.
MORE INFORMATION
If you would like additional information, you can visit any of these pages or contact one of our enforcement specialists by visiting the Enforcement section of our EPA & State Contacts page.
For future reference, use our shortcut address -- www.epa.gov/r10earth/ust.htm, which will take you to our main webpage.