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Can retail gas stations use new thresholds if USTs are not in compliance?

How does temporary non-compliance with UST requirements affect applicability of the higher gasoline and diesel fuel thresholds for EPCRA?

Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the higher gasoline and diesel fuel thresholds for EPCRA reporting for that calendar year.  The facility must be in compliance with UST requirements at all times during a particular calendar year to use the higher thresholds for reporting for that year.