Muriet BOWSER
Mayor
March 20, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is the
proposed resolution entitled the Underground Storage Tanks Infractions ScheduleofFines
Emergency Approval Resolution of 2023 and an accompanying emergency declaration
resolution.
The proposed resolutions would approve a proposed final rulemaking that would establish
a schedule of fines for violationsofrules related to underground storage tanks in Title 16
(Consumers, Commercial Practices, and Infractions), Chapter 40 (DDOE Infractions) of the
District of Columbia Municipal Regulations to ensure that the maintenanceofunderground
storage tanks is undertaken in a manner that protects public health and safety and the
environment.
Lurge the Council to take prompt and favorable action on the enclosed legislation.
Sincfely,
Murl Bower
 Ce
Chairman Phil Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
To approve, on an emergency basis, the proposed final rules to establish a scheduleof civil
infractions for violationsofthe Underground Storage Tank Management Act of 1990.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the Underground Storage Tanks Infractions Schedule of Fines
21 Emergency Approval Resolution of 2023.
22 Sec. 2, Pursuant to section 104(a)(1) ofthe Department of Consumer and Regulatory
23 Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official
24 Code 2-1801.04(a)(1)), the Council approves the proposed rulemaking adopted by the
25 Department of Energy and the Environment, which was published in the D.C. Register on
26 December 4, 2020, at 67 DCR 14224, and the final rulemaking adopted by the Department of
27 Energy and the Environment, which was published in the D.C. Register on October 29, 2021 at
28 68 DCR 11423, to establish a scheduleofcivil infractions for violationsofthe District of
29 Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991
30 (D.C. Law 8-242; D.C. Official Code 8-113.01 et seq.).
31 Sec. 3. Transmittal.
32 The Secretary to the Council shall transmit a copy of this resolution, upon its adoption, to
33 the Mayor, the Director of the Department ofEnergy and Environment, and the Administrator of
34 the Office of Documents and Administrative Issuances.
35 Sec. 4. Fiscal impact statement.
36 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
37 impact statement required by section 4aofthe General Legislative Procedures Act of 1975,
38 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
39 Sec. 5. Effective date.
40 This resolution shall take effect immediately.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: March 13, 2023
SUBJECT: Legal Sufficiency Review Draft Underground Storage Tanks Infractions Schedule
of Fines Approval Emergency Resolution of 2023 and Accompanying Emergency
Declaration Resolution
(AE-19-754 C)
_____________________________________________________________________________________
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me at (202) 724-5524.
_________________________________
Megan D. Browder
2
 DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF FINAL RULEMAKING
Underground Storage Tank Infractions
The Director of the Department of Energy and Environment (DOEE), pursuant to the authority
set forth in Section 107 of the District Department of the Environment Establishment Act of
2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.07); the District
of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991
(D.C. Law 8-242; D.C. Official Code 8-113.01 et seq.) (UST Act); Sections 11 and 21 of the
Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official
Code 8-103.10 & 8-103.20); the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code 2-
1801.01 et seq.); and Mayors Order 2006-61, dated June 14, 2006, hereby gives notice of the
adoption of the following amendments to Section 4008 of Chapter 40 (Department of the
Environment (DDOE) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil
Infraction) of the District of Columbia Municipal Regulations (DCMR).
Section 10(g) of the UST Act (D.C. Official Code 8-113.09(g)) authorizes DOEE to impose a
civil fine as an alternative sanction for any violation of the UST Act or the underground storage
tank regulations published at 20 DCMR Chapters 55-67 and 70 (UST regulations). Civil fine
amounts are determined in accordance with the schedule of fines in 16 DCMR Chapter 32, which
establishes classes of infractions and associated fine amounts. The class of infraction for each
violation of a DOEE regulation is established in 16 DCMR Chapter 40. 16 DCMR 4008
establishes the class of infraction for each violation of the UST Act and UST regulations.
On February 21, 2020, DOEE published a Notice of Final Rulemaking in the D.C. Register, at 67
DCR 1778, amending the UST regulations. The amendments incorporated new requirements of
the 2015 amendments to the federal underground storage tank regulations at 40 CFR Part 280, as
well as updates to other District requirements. This rulemaking amends 16 DCMR 4008 to
make the underground storage tank infractions consistent with the amendments to the UST
regulations.
A Notice of Proposed Rulemaking was published in the D.C. Register on December 4, 2020, at
67 DCR 14224 to update the schedule of fines in light of the amendment to the UST regulations.
DOEE received no comments on the proposed rule during the thirty (30) day comment period.
DOEE is now finalizing the rules with the following technical corrections:
Typographical and grammatical errors were corrected in subsections:
4008.3(c) (clarified that the responsible party must investigate a suspected release
and confirm whether a release has occurred within seven days);
4008.3(w) (replaced QA/QZ Plan with quality assurance and quality control
plan);
1
 4008.3(z) (added and to beginning implementation of Corrective Action Plan
prior to approval and without meeting specified requirements for doing so);
4008.4(a) (deleted 30 and replaced with 60);
4008.6(a) (deleted BOCA National and replaced with District of Columbia
and added The District of Columbia Municipal Regulations)
4008.7(f) (revised or to and in failure to replace metal piping that is in
contact with earthen materials that does not meet the requirements of 20 DCMR
5802.1 and 5802.2, with new piping that satisfies the requirements of 20
DCMR 5704);
4008.8(v), (x), 4008.9(f), 4008.9(y), 4008.10(t), (x), 4008.11(c), (i), (k), (l)
(replaced 30 days with thirty (30) days);
4008.9(b) (revised sentence structure for consistency with other provisions (added
failure to));
4008.9(c) (replaced failure to conduct an annual test with failure to annually
test, added automatic line detector, and replaced requirements with
instructions);
4008.9(i) (clarified that this provision applies when there is a suspected release);
4008.9(n) (replaced 90 days with ninety (90) days);
4008.9(o) (replaced 7 days with within seven (7) days);
4008.9(z) (deleted abandoned and added closed-in-place, replaced
permanently closed with temporarily closed);
4008.10(g) (replaced 20 days with twenty (20) days and replaced Director
with Department);
4008.10(s) (replaced of designated with to ensure that all and added receive
required training and retraining);
4008.13(u) (replaced reduced in effectiveness with less effective);
4008.14(z) (deleted begin procedures to, deleted at the end of 12 months,
replaced is with has been, and added for twelve (12) months);
4008.15(h) (replaced at end of one year of implementation with at the end of
each year of implementation); and
4008.16(b) (revised and to or in failure to timely notify owner by certified
mail if guarantor no longer meets the requirements of the financial test of 6704
or 6705 or 6703.3).
Citations were added or corrected in subsections 4008.3(d) (added references to 20
DCMR 5902.7 and 6004.8), 4008.3(e) (replaced reference to 20 DCMR 6203.9
through 6212 with Chapter 62), and 4008.3(x) (added reference to 29 CFR
1910.120).
In updating the schedule of fines, the classes of infraction for requirements in regulations that
were not amended by the February 2020 final rulemaking on the UST regulations have not been
altered, except that a violation of 20 DCMR 6101.9 for failure to properly empty, clean, and
fill a tank with inert material for closure-in-place has been reclassified as a Class 2 infraction to
2
be consistent with other similar requirements to properly empty and clean a tank prior to a
change-in-service or closure. 1
In accordance with section 104(a)(1) of the Department of Consumer and Regulatory Affairs
Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code 2-
1801.04(a)(1)), the Mayor transmitted the proposed final rules to the Council for its review and
approval on December --, 2022, pursuant to the Underground Storage Tanks Infractions
Schedule of Fines Emergency Approval Resolution of 2022 (Prop. Res. 24-XXX). 2 The
proposed final rules were approved by the Council on December --, 2022.
The Director of DOEE took final action to adopt this rulemaking on December --, 2022, and the
rules shall become effective upon publication of this notice in the D.C. Register.
Chapter 40, DEPARTMENT OF THE ENVIRONMENT (DDOE) INFRACTIONS, of
Title 16 DCMR, CONSUMERS, COMMERICIAL PRACTICES, AND CIVIL
INFRACTIONS, is amended as follows:
Section 4008, UNDERGROUND STORAGE TANK INFRACTIONS, is amended to read
as follows:
4008 UNDERGROUND STORAGE TANK INFRACTIONS
4008.1 In addition to 4008.2, 4008.3, and 4008.4, violation of any of the following
provisions shall be a Class 1 infraction:
(a) D.C. Official Code 8-113.09(c) (continuing work stopped by a
Department order);
(b) 20 DCMR 5502.2 (installing an underground storage tank (UST) system
listed in 20 DCMR 5502.1(a), (b), or (c) that fails to meet specified
requirements);
(c) 20 DCMR 5507.3 (installing an UST system with field-constructed
tanks or airport hydrant system that fails to comply with the regulations);
(d) 20 DCMR 5507.7 (failure to upgrade an UST system with field-
constructed tanks or airport hydrant system in accordance with specified
requirements);
1
16 DCMR 4008.13 provides that a violation of 20 DCMR 6101.8 (failure to empty, clean, and fill tank with an
inert solid material and comply with 20 DCMR 5600.14 and 6101 when a tank removal variance is granted) shall
be a Class 3 violation. The proposed amendments to the UST regulations would move this requirement to 20
DCMR 6101.9.
2
On October 29, 2021, a Notice of Final Rulemaking was inadvertently published in the D.C. Register, at 68 DCR
11423, prior to D.C. Council approval. That Notice of Final Rulemaking was rescinded by a Notice of Rescission of
Final Rulemaking published in the D.C. Register on September 16, 2022, at 69 DCR 11279.
3
(e) 20 DCMR 5601.9 (depositing or dispensing regulated substance into a
UST for which registration has been denied);
(f) 20 DCMR 5602.1 (failure to submit specified information and
documentation as required);
(g) 20 DCMR 5700.1 (failure of petroleum UST system to meet specified
performance standards or requirements for upgrade);
(h) 20 DCMR 5700.2 (failure of hazardous substance UST system installed
after November 12, 1993 to meet performance standards set forth in 20
DCMR 5702);
(i) 20 DCMR 5700.8 (failure of metal tanks and attached metal piping
conveying regulated substances to be designed, constructed, and installed
in a manner that will prevent corrosion);
(j) 20 DCMR 5701.1 (failure of petroleum UST to meet specified
construction and material requirements);
(k) 20 DCMR 5701.2 (failure of petroleum steel tank to be cathodically
protected as specified);
(l) 20 DCMR 5701.8 (failure of motor fuel dispenser system to contain
under-dispenser containment as specified);
(m) 20 DCMR 5702.1 (failure of hazardous substance UST to meet specified
construction and material requirements);
(n) 20 DCMR 5702.2 (failure of hazardous substance steel tank to be
cathodically protected as specified);
(o) 20 DCMR 5703.1 (failure of heating oil UST to meet specified
construction and material requirements);
(p) 20 DCMR 5703.2 (failure of heating oil steel tank to be cathodically
protected as specified);
(q) 20 DCMR 5704.2 (failure of UST system piping to meet specified
construction and material requirements);
(r) 20 DCMR 5704.3 (failure of steel UST piping to be cathodically
protected as specified);
(s) 20 DCMR 5705.1 (failure to use spill prevention equipment);
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 (t) 20 DCMR 5705.2 (failure to ensure that a new or upgraded UST system
has sufficient volume to contain all regulated substances and that transfer
is continuously monitored in accordance with 20 DCMR 5900.3);
(u) 20 DCMR 5800.1 (failure of petroleum UST system to comply with
specified upgrade requirements, performance standards, permanent closure
requirements, or corrective action requirements);
(v) 20 DCMR 5800.2 (failure to ensure that all components connected to an
existing petroleum UST system are operating and that all inoperative
components are removed);
(w) 20 DCMR 5800.3 (depositing a regulated substance into a petroleum
UST that has not met upgrade requirements in 20 DCMR 5800.1);
(x) 20 DCMR 5800.4 (failure of hazardous substance UST system to
comply with specified performance standards, permanent closure
requirements, or corrective action requirements);
(y) 20 DCMR 5803.1 (failure to comply with UST system spill and overfill
prevention equipment requirements, in accordance with 20 DCMR
5705); or
(z) 20 DCMR 5900.10 (failure to report, investigate, or clean up spills or
overfills, in accordance with 20 DCMR Chapter 62).
4008.2 In addition to 4008.1, 4008.3, and 4008.4, violation of any of the following
provisions shall be a Class 1 infraction:
(a) 20 DCMR 6000.1 (failure to provide release detection method(s) that
meet the requirements of 20 DCMR 6000);
(b) 20 DCMR 6000.3 (failure to comply with release detection requirements
for all pressurized piping, in accordance with 20 DCMR 6004);
(c) 20 DCMR 6000.5 (release detection system incapable of detecting a
release from all portions of the tank and connected underground piping);
(d) 20 DCMR 6000.7 (failure of release detection method to meet applicable
performance requirements of 20 DCMR 6004 through 6013);
(e) 20 DCMR 6000.9 (failure of release detection method to be capable of
detecting leak rate or quantity with specified probability of detection);
(f) 20 DCMR 6000.11 (failure to repair or replace leak detection system
within 45 days in accordance with 20 DCMR Chapter 60);
5
(g) 20 DCMR 6000.13 (failure to notify Department of suspected release, in
accordance with 20 DCMR Chapter 62);
(h) 20 DCMR 6002.1 (failure to provide release detection for a hazardous
substance UST system that meets the requirements of 20 DCMR 6002);
(i) 20 DCMR 6002.2 (failure of hazardous substance UST system to use
secondary containment with interstitial monitoring in accord with 20
DCMR 6011);
(j) 20 DCMR 6003.1 (failure to provide release detection for a petroleum
UST system, in accordance with 20 DCMR 6003);
(k) 20 DCMR 6003.2 (failure of release detection methods to meet
requirements of 20 DCMR 6005 through 6012);
(l) 20 DCMR 6004.2 (failure of release detection method for petroleum
UST system piping to meet the requirements of 20 DCMR 6004);
(m) 20 DCMR 6004.3 (failure of petroleum UST piping that conveys
regulated substances under pressure to be equipped with an automatic line
leak detector);
(n) 20 DCMR 6100.7 (failure to comply with the release detection
requirements in 20 DCMR Chapter 62 when UST system is temporarily
closed);
(o) 20 DCMR 6100.8 (failure to immediately comply with the requirements
of 20 DCMR 6100.9 and the applicable requirements of 20 DCMR
Chapter 62 if a release is suspected or confirmed during the period when
UST is temporarily closed);
(p) 20 DCMR 6101.12 (failure to begin corrective action in accordance with
20 DCMR Chapter 62 if contamination is discovered during closure
assessment or by any other manner);
(q) 20 DCMR 6101.13 (stockpiling of conta