May 09, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The United States Environmental Protection Agency (“EPA”) and the United States Postal Service (“Postal Service”) entered into an April 18th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) Underground Storage Tank (“UST”) regulations. See Docket No. RCRA-02-2019-7701.
The ESA addresses USTs operated by the Postal Service at facilities in Albany, New York and Bellmawr, New Jersey.
Certain USTs at the facilities failed to comply with provisions of Subtitle I of RCRA. The alleged violations identified in the ESA include:
- 40 CFR § 280.40(a)(2) – addressing leak detection
- An inspection of the Albany facility allegedly indicated that a piping leak sensor in the tank top sump of the 1,000 gallon motor oil UST was lying on its side
- 40 CFR § 280.31(b)(2) – requiring metal UST systems equipped with cathodic protection systems be inspected for proper operation by qualified cathodic protection tester
- An absence of remote readings and no diagram of testing locations is referenced in regards to USTs at the Bellmawr facility
The Postal Service neither admits nor denies the factual determinations contained in the ESA.
The ESA assesses a civil penalty of $1,870.
A copy of the ESA can be found here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.