EPA Makes Reporting Violations Easy for Citizens
Regulatory Spotlight for May 2011
The EPA has made it easier for anyone in the community to report a fuel release or other
environmental violation. A new form on their website (www.epa.gov/compliance/complaints/index.html)
allows citizens to make these reports anonymously online, triggering a red flag that will be passed to
state agencies for immediate investigation.
In describing this community outreach effort to create more citizen-partners in compliance, the EPA
“seeks help by asking you to provide EPA with information about potentially harmful environmental
activities in your communities.”
The site additionally provides a list of incidences classified as “environmental crimes.”
Self-Reporting Requirements
Obviously, the last thing a UST owner or operator wants is to have a UST incident reported by
citizens before they can properly do so. With the legal responsibility to report suspected or known
fuel releases to your state’s regulatory authority “as soon as possible,” (interpreted by most states as
within 24 hours), now may be a good time to review proper reporting criteria with your staff.
Per the EPA’s website, the following situations must be reported:
• Any spill or overfill of petroleum that exceeds 25 gallons or that causes a sheen on nearby
surface water. (Spills and overfills under 25 gallons that are contained and immediately cleaned up
do not have to be reported. If they can’t be quickly cleaned up they must be reported to your
regulatory agency.)
• Any released regulated substances at the UST site or in the surrounding area — such as the
presence of liquid petroleum; soil contamination; surface water or groundwater contamination; or
petroleum vapors in sewer, basement, or utility lines.
• Any unusual operating conditions you observe — such as erratic behavior of the dispenser, a
sudden loss of product, or an unexplained presence of water in the tank. However, you are not
required to report if the system equipment is found to be defective, but not leaking, and is
immediately repaired or replaced.
• Results from your release detection system indicate a suspected release. However, you are not
required to report if the monitoring device is found to be defective and is immediately repaired,
recalibrated, or replaced and further monitoring does not confirm the initial suspected release, or, in
the case of inventory control, a second month of data does not confirm the initial result.
Emergency Response Plans
If you don’t currently have one, now may also be a good time to create an Emergency Response
Plan. This is a simple document containing a list of pertinent numbers that facility attendants can
reference in case of an emergency. In fact, as most states adopt the Class C Operator Training
requirements outlined in the Energy Act of 2005, they will begin enforcing that these Emergency
Response Plans be posted in a prominent location at every UST facility.
Here is an example of an acceptable Emergency Response Plan format from the EPA. However,
please note that every state may adopt individual requirements beyond the EPA’s baseline.
Regulatory Spotlight for May 2011
The EPA has made it easier for anyone in the community to report a fuel release or other
environmental violation. A new form on their website (www.epa.gov/compliance/complaints/index.html)
allows citizens to make these reports anonymously online, triggering a red flag that will be passed to
state agencies for immediate investigation.
In describing this community outreach effort to create more citizen-partners in compliance, the EPA
“seeks help by asking you to provide EPA with information about potentially harmful environmental
activities in your communities.”
The site additionally provides a list of incidences classified as “environmental crimes.”
Self-Reporting Requirements
Obviously, the last thing a UST owner or operator wants is to have a UST incident reported by
citizens before they can properly do so. With the legal responsibility to report suspected or known
fuel releases to your state’s regulatory authority “as soon as possible,” (interpreted by most states as
within 24 hours), now may be a good time to review proper reporting criteria with your staff.
Per the EPA’s website, the following situations must be reported:
• Any spill or overfill of petroleum that exceeds 25 gallons or that causes a sheen on nearby
surface water. (Spills and overfills under 25 gallons that are contained and immediately cleaned up
do not have to be reported. If they can’t be quickly cleaned up they must be reported to your
regulatory agency.)
• Any released regulated substances at the UST site or in the surrounding area — such as the
presence of liquid petroleum; soil contamination; surface water or groundwater contamination; or
petroleum vapors in sewer, basement, or utility lines.
• Any unusual operating conditions you observe — such as erratic behavior of the dispenser, a
sudden loss of product, or an unexplained presence of water in the tank. However, you are not
required to report if the system equipment is found to be defective, but not leaking, and is
immediately repaired or replaced.
• Results from your release detection system indicate a suspected release. However, you are not
required to report if the monitoring device is found to be defective and is immediately repaired,
recalibrated, or replaced and further monitoring does not confirm the initial suspected release, or, in
the case of inventory control, a second month of data does not confirm the initial result.
Emergency Response Plans
If you don’t currently have one, now may also be a good time to create an Emergency Response
Plan. This is a simple document containing a list of pertinent numbers that facility attendants can
reference in case of an emergency. In fact, as most states adopt the Class C Operator Training
requirements outlined in the Energy Act of 2005, they will begin enforcing that these Emergency
Response Plans be posted in a prominent location at every UST facility.
Here is an example of an acceptable Emergency Response Plan format from the EPA. However,
please note that every state may adopt individual requirements beyond the EPA’s baseline.
