- To attempt to collect data systematically and have each state fit their data into several categories
- To request the number of occurrences for each violation
- To request the number of inspections on which the data was based
The data was based on approximately 100,000 inspections with a significant operational compliance (SOC) rate of approximately 72%.
Top Violations
The survey found top UST violations to be in connection with:
- Release detection (pressure piping)
- Release detection (tanks)
- Spill prevention
- Corrosion protection
- Operator training
Release Detection (Pressure Piping)
The breakdown of these 9,174 violations was:
- 51%: Annual line leak detection (LLD) test
- 19%: Annual line test
- 17%: Failure to perform monthly monitoring
- 9%: Failure to maintain proper records
- 4%: Release detection equipment not functional/improperly installed
Release Detection (Tanks)
These 6,826 violations were as follows:
- 41%: Failure to maintain proper records
- 39%: Failure to perform monthly monitoring
- 13%: General release detection
- 7%: Equipment not functional or improperly installed
Spill Prevention
The 4,258 violations fell into these categories:
- 64%: Spill detection device not functional
- 34%: Failure to clean and maintain
- 13%: General release detection
- 2%: Testing requirements
Corrosion Protection
These 2,811 violations were as follows:
- 49%: Failure to perform 3 year corrosion protection test
- 20%: Corrosion protection operation and maintenance
- 17%: Unprotected metal in contact with water or soil
- 7%: Failure to maintain proper records
- 7%: 60 day corrosion protection inspection
Operator Training
These 2,697 violations fell into these categories:
- 48%: Class A/B requirement
- 23%: General training/testing requirement
- 14%: Periodic site visit by Class A/B
- 12%: Class C requirement
- 3%: Monthly inspection log
Survey Results
The objective of the survey was to compile enough data of common compliance violations throughout the U.S. in order to provide a national prospective to help state regulatory agencies determine whether they are focusing their inspection and enforcement efforts on the correct things. The UST Task Force anticipates releasing their first Common Violations Report by the end of 2013 and intends to annually survey state regulatory agencies in order to track trends and effects of changes to state regulatory programs.
Additional Resources:
Improved Inspections: Improved Compliance?
Latest UST National Performance Report (May 2013)
Guidance on UST Vapor Intrusion
Class C UST Operator Training
By Elizabeth Dickinson, J.D. BLR Legal Editor
ldickinson@blr.com
Elizabeth M. Dickinson, J.D.,is a Legal Editor for BLR’s environmental publications, focusing primarily on hazardous waste related topics. Ms Dickinson has covered environmental developments since 1994. Before starting her career in publishing, she was a corporate and securities attorney at Cummings & Lockwood and at Aetna Life and Casualty, both in Hartford, Connecticut. She received a Bachelor of Arts degree, cum laude, in English and American Literature and Language from Harvard University and her Juris Doctorate, cum laude, from the University of Connecticut School of Law, where she was an Articles Editor of the Connecticut Law Review. Ms. Dickinson is licensed to practice law in Connecticut.