Underground Storage Tanks - Private Sector

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

75 Hawthorne Street

San Francisco, CA 94105

Certified mail #

Return Receipt Requested

Re: Request for Information on Underground Storage Tanks reporting and record keeping

Dear

This letter is being sent to you as the owner/operator of the XXXXXXXXX operating Underground Storage Tanks (USTs) facility located at XXXXXXX

Facility Specific Information (to be included by inspector)

According to our records your facility was last inspection on XXXXXXXXXX. We found your facility not to be in Significant Operational Compliance. As the implementing agency our goal is to ensure Significant Operation compliance with Subtitle I of the Resource Conservation and Recovery Act (RCRA).

Under Subtitle I of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. '6991, et seq., and the regulations promulgated at 40 C.F.R. '280, et. seq., EPA is authorized to request owners and operators of underground storage tanks to furnish information relating to such tanks, associated equipment, and contents; to conduct monitoring and testing; and to undertake corrective action with respect to any release of petroleum. Pursuant to Section 9005 of RCRA, 42 U.S.C. '6991d, and 40 C.F.R. '280.34, EPA requests that you submit the following information regarding the status of the Underground Storage Tanks located at the XXXXXXXXXXX site:

Need to discuss information items being requested based on last inspection results----

1. The release detection records for each tank for the past 12 months. Print out monthly 0.2 GPH passing test result from Automatic Tank Gauge System

2. The results, if any, of all tank and line tightness testing or leak detection performed on each tank and line at the facility, including the date the test was conducted.

3.. The most recent registration or notification form for each tank at the facility

4. Reports of all releases including suspected releases (280.50) spills and overfills (280.53 and confirmed releases.

5. A notification before permanent closure or change-in-service (280.71)

6. Documentation of operation of corrosion protection equipment (280.31)

7. Compliance with release detection requirements (280.45) (i.e. Monthly .2 gph passing test from ATG/Veeder Root; Monthly printout of liquid sensor normal readings)

8. Financial Responsibility Liability insurance declaration

You are reminded that, in accordance with 40 C.F.R '280.34, the owner and/or operator of an UST system is required to keep leak detection and closure records that are capable of demonstrating compliance with leak detection and closure requirements under 40 C.F.R. 280, Subparts D and G of the UST regulations. In addition, owners and operators must respond to confirmed releases from their UST systems and comply with the release response and corrective action requirements found at 40 C.F.R. 280, Subpart F.

All information submitted to EPA pursuant to this information request shall be available to the public, except upon a satisfactory showing of business confidentiality. Any claim of confidentiality must be asserted in accordance with 42 U.S.C. '6991d(b) and 40 C.F.R. Part 2.

We are evaluating your significant operational compliance with leak detection and prevention and Financial Responsibility for Underground Storage Tanks requirements. As part of our efforts to increase compliance in Indian Country, facilities not being inspected will receive an information request to determine operation compliance, non response could result in an inspection and possible enforcement action..

Please provide the information requested within 30 days of your receipt of this letter to:

La Donna Thomas, Compliance Officer, WST-8

U.S. Environmental Protection Agency

75 Hawthorne Street

San Francisco, CA 94105

Please be aware that, pursuant to '9006 of RCRA, 42 U.S.C. '6991e, refusal to provide the requested information by the specified deadline may result in the issuance of an administrative compliance order or the initiation of a civil action, which may include an assessment of civil penalties of up to $11,000 per tank for each day of violation.

If you have any questions regarding this information request, please contact La Donna Thomas, at (415) 972-3375.

Sincerely,

Steven C. Linder, Manager

Underground Storage Tanks Program Office

cc:

The public reporting and recordkeeping burden for this collection of information is estimated to average 1 hour per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed documentation to this address.

OMB Control No. 2050-0068, Approval expires 03/31/2011