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Changes to ICIS Enforcement Action Types for RCRA Subtitle I Expedited Settlement Agreements and RCRA Field Citations (06.13.2017)

Changes to ICIS Enforcement Action Types for RCRA Subtitle I Expedited Settlement Agreements and RCRA Field Citations

 EPA is authorized under Section 9006 of RCRA Subtitle I to take enforcement actions and assess civil penalties for violations of Underground Storage Tank (UST) requirements, including technical standards and financial responsibility requirements, promulgated under Subtitle I. All such orders are processed pursuant to 40 CFR Part 22.

 Background

 In July 2014, EPA developed and initiated an Expedited Settlement Agreement (ESA) Pilot Program to address certain violations of UST requirements. The UST ESA pilot was used to resolve violations addressed under a prior field citation that have been repeated and certain first-time violations that are not covered by the UST Field Citation Program.  Prior to the UST ESA pilot, only RCRA field citations were entered in ICIS using RCRA 9006 AO Form Comp and/or Pen (UST) - UST Expedited Settlement Program.  Beginning with the ESA UST pilot, ICIS users have been entering both ESAs and field citations using the enforcement type:  RCRA 9006 E AO for Comp And/or Pen (UST) - UST Expedited Settlement Program.  To differentiate between the two programs, ICIS users were entering "- ESA Pilot" in the enforcement action name for expedited settlement agreements.

 The pilot program will conclude in July 2017. OCE determined that UST ESAs could be used as another enforcement tool to address UST compliance.  In FY 2017, ICIS will have two separate enforcement action types available to differentiate between the two programs.  The enforcement action types will be:

  1. RCRA 9006 UST – ACO or APO – Expedited Settlement Agreement
  2. RCRA 9006 UST – ACO or APO – Field Citation

Headquarters will announce to ICIS-Users once the selections are available. Once the new enforcement action types are available, records for FY 2017 should be updated beginning with October 1, 2016.

 For additional information, contact: James Miles, Office of Civil Enforcement, at: 202-564-5161, or via email at: miles.james@epa.gov or Yolaanda Walker, Office of Civil Enforcement, at: 202-564-4281, or via email at: walker.yolaanda@epa.gov

SOURCE:  FY 2017 Reporting Plan, June 13, 2017

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