Penalty Enforcement Against Federal Facilities for Underground Storage Tank Violations.
AIR FORCE INST OF TECH WRIGHT-PATTERSONAFB OH
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The December 22, 1998 deadline requiring owners of underground storage tanks USTs installed before 1985 to comply with the upgrade requirements in Subchapter IX of the Solid Waste Disposal Act SWDA recently passed. As a result, UST enforcement actions should dramatically increase this year. Prior to the deadline, only new USTs installed beginning in 1985 faced Subchapter IX corrosion protection and spilloverflow prevention requirements. The large number of federal facilities tanks involved makes potential federal penalties a significant issue. According to information submitted by the federal agencies to the U.S. Environmental Protection Agency EPA last Fall, federal facilities contain over 13,000 active USTs.3 State attempts at penalty enforcement actions for UST new tank violations by federal facilities have been rare, but the pace of UST enforcement may begin to increase in light of the December deadlines passing.
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