Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training, 71708-71796 [2011-29293]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Proposed Rules]
[Pages 71708-71796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29293]



[[Page 71707]]

Vol. 76

Friday,

No. 223

November 18, 2011

Part III





Environmental Protection Agency





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40 CFR Parts 280 and 281





Revising Underground Storage Tank Regulations--Revisions to Existing 
Requirements and New Requirements for Secondary Containment and 
Operator Training; Proposed Rule

Federal Register / Vol. 76 , No. 223 / Friday, November 18, 2011 / 
Proposed Rules

[[Page 71708]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 280 and 281

[EPA-HQ-UST-2011-0301; FRL-9485-5]
RIN 2050-AG46


Revising Underground Storage Tank Regulations--Revisions to 
Existing Requirements and New Requirements for Secondary Containment 
and Operator Training

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make certain revisions to the 1988 
underground storage tank (UST) technical, financial responsibility, and 
state program approval regulations. These changes establish federal 
requirements that are similar to key portions of the Energy Policy Act 
of 2005; they also update certain 1988 UST regulations. Proposed 
changes include: Adding secondary containment requirements for new and 
replaced tanks and piping; adding operator training requirements; 
adding periodic operation and maintenance requirements for UST systems; 
removing certain deferrals; adding new release prevention and detection 
technologies; updating codes of practice; making editorial and 
technical corrections; and updating state program approval requirements 
to incorporate these new changes. These changes will likely protect 
human health and the environment by increasing the number of prevented 
UST releases and quickly detecting them, if they occur.

DATES: Comments must be received on or before February 16, 2012. Under 
the Paperwork Reduction Act, comments on the information collection 
provisions are best assured of having full effect if the Office of 
Management and Budget (OMB) receives a copy of your comments on or 
before December 19, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
UST-2011-0301, by one of the following methods:
     https://www.regulations.gov; Follow the online instructions 
for submitting comments.
     Email: mcdermott.elizabeth@epa.gov.
     Mail: EPA Docket Center (EPA/DC), Docket ID No. EPA-HQ-
UST-2011-0301, Mail Code 2822T, 1200 Pennsylvania Ave. NW., Washington, 
DC 20460. In addition, please mail a copy of your comments on the 
information collection provisions to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk 
Officer for EPA, 725 17th St. NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-UST-2011-0301. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-UST-
2011-0301. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through https://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Docket, EPA/DC, 
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
Docket Center (EPA/DC) is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Elizabeth McDermott, OSWER/OUST 
(5401P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone number: (703) 603-7175; email address: 
mcdermott.elizabeth@epa.gov.

Table of Contents

I. General Information
    Does this action apply to me?
    What should I consider as I prepare my comments for EPA?
II. Authority
III. Background
    Why is EPA changing the UST regulations?
    What is the history of the UST laws and regulations?
    What is the impact of this proposal?
    What was EPA's process in deciding which changes to incorporate 
in the regulations?
IV. Proposed Revisions to the Requirements for Owners and Operators 
of Underground Storage Tanks
    A. Changes To Establish Federal Requirements for Operator 
Training and Secondary Containment
    1. Operator Training
    2. Secondary Containment
    B. Additional Requirements for Operation and Maintenance
    1. Walkthrough Inspections
    2. Spill Prevention Equipment Tests
    3. Overfill Prevention Equipment Tests
    4. Secondary Containment Tests
    5. Operation and Maintenance Requirements for Release Detection 
Equipment
    C. Addressing Deferrals
    1. Emergency Power Generator UST Systems
    2. Airport Hydrant Fuel Distribution Systems
    3. UST Systems With Field-Constructed Tanks
    4. Wastewater Treatment Tank Systems
    5. Maintain Deferral for USTs Containing Radioactive Material 
and Emergency Generator UST Systems at Nuclear Power Generation 
Facilities Regulated by the Nuclear Regulatory Commission
    D. Other Changes
    1. Changes to Overfill Prevention Equipment Requirements
    2. Internal Linings That Fail the Periodic Lining Inspection and 
Cannot Be Repaired
    3. Notification Requirements
    4. Alternative Fuels and Compatibility
    5. Improving Repairs

[[Page 71709]]

    6. Phase Out Vapor Monitoring and Groundwater Monitoring as 
Release Detection Methods
    7. Interstitial Monitoring Results, Including Interstitial 
Alarms, Under Subpart E
    E. General Updates
    1. Incorporate Newer Technologies
    2. Updates to Codes of Practice Listed in the UST Regulation
    3. Updates To Remove Old Upgrade and Implementation Deadlines
    4. Editorial and Technical Corrections
    F. Alternative Options EPA Considered
V. Updates to State Program Approval Requirements
VI. Overview of Estimated Costs and Benefits
VII. Statutory and Executive Orders
    A. Executive Order 12866: Regulatory Planning and Overview and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

SUPPLEMENTARY INFORMATION: 

I. General Information

Does this action apply to me?

    In the table below, EPA is providing a list of potentially affected 
entities. However, this proposed action may affect other entities not 
listed below. The Agency's goal with this section is to provide a guide 
for readers to consider regarding entities that potentially could be 
affected by this action. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding section titled FOR FURTHER INFORMATION CONTACT.

       Industry Sectors Potentially Affected by the Proposed Rule
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         Industry sector                        NAICS code
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Retail Motor Fuel Sales.........  447.
Commercial (wholesale trade,      42, 44-45, 72 (excluding 447).
 retail trade, accommodation,
 and food services).
Institutional (hospitals only)..  622.
Manufacturing...................  31-33.
Transportation (air, water,       481, 483-486, 48811.
 truck, transit, pipeline, and
 airport operations).
Communications and Utilities      5171, 2211.
 (wired telecommunications
 carriers; and electric power
 generation, transmission, and
 distribution).
Agriculture (crop and animal      111, 112.
 production).
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What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information on a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Authority

    EPA is proposing these regulations under the authority of sections 
2002, 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9009 of the Solid 
Waste Disposal Act of 1970, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended [42 U.S.C. 6912, 6991, 6991(a), 
6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(h), 6991(i), and 
6991(k)].

III. Background

    EPA is proposing certain changes to the 1988 underground storage 
tank (UST) regulations in 40 CFR part 280. In addition, EPA is planning 
to implement the delivery prohibition provision of the Energy Policy 
Act of 2005 (hereafter called Energy Policy Act) for EPA-led 
inspections, but will address that independent of today's proposal. 
Finally, EPA is proposing to revise its state program approval (SPA) 
requirements in 40 CFR part 281 to incorporate the changes in 40 CFR 
part 280. While EPA's proposed changes to the 1988 UST regulations will 
improve environmental protection, we are sensitive to future costs for 
UST owners and operators and, as a result, minimized required 
retrofits.
    This proposal strengthens the 1988 UST regulation by increasing the 
emphasis on properly operating and maintaining equipment. The 1988 UST 
regulation required owners and operators have spill, overfill, and 
release detection equipment in place, but did not require proper 
operation and maintenance for some of that equipment. For example, EPA 
required spill prevention equipment to capture drips and spills when 
the delivery hose is disconnected from the fill pipe but did not 
require periodic testing of that equipment. Today's proposed revisions 
will require that UST equipment is operated and maintained properly, 
which will improve environmental protection. These changes also 
acknowledge improvements in technology over the last 20 years, 
including the ability to detect releases from deferred UST systems.

[[Page 71710]]

Why is EPA changing the UST regulations?

    EPA is proposing to revise the 1988 UST regulations to:
     Establish federal requirements that are similar to certain 
key provisions of the Energy Policy Act;
     Ensure owners and operators properly operate and maintain 
their UST systems;
     Include updates to current technology and codes of 
practices;
     Make technical and editorial corrections; and
     Update SPA regulation to address the proposed changes 
listed above.
    In 1988, EPA first promulgated the UST regulations (40 CFR part 
280) to prevent, detect, and clean up petroleum releases into the 
environment. The 1988 UST regulations required new UST systems to be 
designed, constructed, and installed to prevent releases; existing UST 
systems had to be upgraded to prevent releases. In addition, owners and 
operators were required to perform release detection, demonstrate 
financial responsibility, and clean up releases.
    The Energy Policy Act amended Subtitle I of the Solid Waste 
Disposal Act (SWDA), the statute that authorized the UST program. Key 
Energy Policy Act provisions (such as secondary containment and 
operator training) apply to all states receiving federal Subtitle I 
money under SWDA, regardless of their state program approval status, 
but do not apply in Indian country (or in states and U.S. territories 
that do not meet EPA's operator training or secondary containment grant 
guidelines). The U.S. has a unique legal relationship with federally 
recognized Indian Tribes. This government to government relationship 
includes recognizing the rights of Tribes as sovereign governments to 
self-determination and acknowledging the federal government's trust 
responsibility to Tribes. As a result, EPA directly implements the UST 
program in Indian country.
    In order to establish federal UST requirements that are similar to 
the UST secondary containment and operator training requirements of the 
Energy Policy Act, EPA decided to revise the 1988 UST regulations. EPA 
also decided to revise the 1988 UST regulations in order to achieve 
better release prevention and compliance results (see section IV.B. 
Additional Requirements for Operation and Maintenance for additional 
information). Today's proposed revisions also fulfill objectives in 
EPA's UST Tribal Strategy (August 2006), where both EPA and Tribes 
recognized the importance of requirements that ensure parity in program 
implementation among states and in Indian country. Requiring secondary 
containment will reduce releases to the environment by containing them 
within a secondary area and detecting them before they reach the 
environment. Operator training will educate UST system operators and 
help them prevent releases by complying with the regulation and 
performing better operation and maintenance of their UST systems.
    Since the beginning of the UST program, preventing petroleum and 
hazardous substance releases from UST systems into the environment has 
been one of the primary goals of the program. Although EPA and our 
partners have made significant progress in reducing the number of new 
releases, approximately 7,000 releases are discovered each year as of 
FY 2009.\1\ Lack of proper operation and maintenance of UST systems is 
a main cause of new releases. Information on sources and causes of 
releases shows that releases from tanks are less common than they once 
were. However, releases from piping and spills and overfills associated 
with deliveries have emerged as more common problems. In addition, 
releases at the dispenser are one of the leading sources of releases. 
Finally, data show that release detection equipment is only detecting 
approximately 50 percent of releases it is designed to detect. These 
problems are partly due to improper operation and maintenance (see 
section IV.B. Additional Requirements for Operation and Maintenance for 
a more detailed discussion of problems).2 3
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    \1\ Semi-Annual Report Of UST Performance Measures, End Of 
Fiscal Year 2009, https://epa.gov/oust/cat/camarchv.htm.
    \2\ Petroleum Releases At Underground Storage Tank Facilities In 
Florida, Peer Review Draft, U.S. EPA/OUST, March 2005.
    \3\ Evaluation Of Releases From New And Upgraded Underground 
Storage Tanks, Peer Review Draft, U.S. EPA/OUST, August 2004.
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    EPA relies on two draft causes of release studies to help support 
this proposed rule. Petroleum Releases at Underground Storage Tank 
Facilities in Florida contains release data on 512 releases from new 
and upgraded tanks in Florida.\4\ The second draft study, Evaluation of 
Releases from New and Upgraded Underground Storage Tank Systems, 
contains release data on 580 releases from new and upgraded tanks in 23 
states across the Northeast, South, and Central parts of the United 
States.\5\ Taken together, these draft studies provide information 
about 1092 releases in 24 of the 50 states. The data in the two 
studies, when taken as a whole, generally provide a representative 
sampling of releases across the United States because nearly half of 
the states contributed to the studies. Both drafts were peer reviewed 
but never finalized because the passage of Energy Policy Act of 2005 
required a reallocation of personnel and resources. Even though these 
studies were never finalized, the underlying data and calculations can 
be used to support this proposed rule because that information did not 
change as a result of the peer review process.
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    \4\ Petroleum Releases At Underground Storage Tank Facilities In 
Florida, Peer Review Draft, U.S. EPA/OUST, March 2005.
    \5\ Evaluation Of Releases From New And Upgraded Underground 
Storage Tanks, Peer Review Draft, U.S. EPA/OUST, August 2004.
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    Many USTs currently in the ground were upgraded to meet the spill, 
overfill, corrosion protection, and release detection requirements in 
the 1988 UST regulation. As these USTs continue to age, it is vital 
that we improve UST operation and maintenance and test components to 
ensure they are still working as intended. Today's proposed revisions 
to the 1988 UST regulation focus on ensuring equipment is working, 
rather than requiring UST owners and operators to replace or upgrade 
equipment already in place. The 1988 UST regulation require owners and 
operators to use equipment that could help prevent releases; today's 
proposed revisions highlight the importance of operating and 
maintaining UST equipment so releases are prevented and detected early 
in order to avoid or minimize potential soil and groundwater 
contamination.
    EPA is proposing changes to the SPA regulation (40 CFR part 281) to 
address today's proposed changes to 40 CFR part 280. By doing so, EPA 
will require states to generally adopt the 40 CFR part 280 changes 
proposed today in order to obtain or retain SPA.

What is the history of the UST laws and regulations?

    In 1984, Congress responded to the increasing threat to groundwater 
posed from leaking USTs by adding Subtitle I to the Solid Waste 
Disposal Act (SWDA). Subtitle I of SWDA required EPA to develop a 
comprehensive regulatory program for USTs storing petroleum or certain 
hazardous substances, ensuring that the environment and human health 
are protected from UST releases. In 1986, Congress amended Subtitle I 
of SWDA and created the Leaking Underground

[[Page 71711]]

Storage Tank Trust Fund to implement a cleanup program and pay for 
cleanups at sites where the owner or operator is unknown, unwilling, or 
unable to respond, or which require emergency action.
    In 1988, EPA promulgated the UST regulation (40 CFR part 280), 
which set minimum standards for new tanks and required owners and 
operators of existing tanks to upgrade, replace, or close them. In 
addition, after 1988 owners and operators were required to report and 
clean up releases from their USTs. The 1988 UST regulation set 
deadlines for owners and operators to meet those requirements by 
December 22, 1998. Owners and operators who chose to upgrade or replace 
had to ensure their UST systems included spill and overfill prevention 
equipment and were protected from corrosion. In addition, owners and 
operators were required to monitor their UST systems for releases using 
release detection (phased in during the 1990s, depending on when their 
UST systems were installed). Finally, owners and operators were 
required to have financial responsibility (phased in through 1998), 
which ensured they have financial resources to pay for cleaning up 
releases. EPA has not significantly changed the UST regulation since 
1988.
    In 1988, EPA also promulgated a regulation for state program 
approval (40 CFR part 281). Since states are the primary implementers 
of the UST program, EPA established a process where state programs 
could operate in lieu of the federal program if states met certain 
requirements and obtained state program approval from EPA. The state 
program approval regulation describes minimum requirements states must 
meet so their programs can be approved and operate in lieu of the 
federal program.
    In 2005, the Energy Policy Act further amended Subtitle I of SWDA. 
The Energy Policy Act required states receiving Subtitle I money from 
EPA meet certain requirements. EPA developed grant guidelines for 
states regarding operator training, inspections, delivery prohibition, 
secondary containment, financial responsibility for manufacturers and 
installers, public record, and state compliance reports on government 
USTs. The operator training and secondary containment requirements are 
two major pieces of the Energy Policy Act that currently do not apply 
in Indian country, but will apply when EPA finalizes today's proposed 
regulation.

What is the impact of this proposal?

    This proposal will ensure parity in program implementation among 
states and in Indian country. This proposal will achieve parity by 
adding certain requirements to the federal UST regulation (that would 
apply in Indian country) that are similar to the operator training and 
secondary containment requirements in the Energy Policy Act. This 
action will also further strengthen protection of human health and the 
environment from UST releases by increasing the emphasis on proper 
operation and maintenance of release prevention and detection 
equipment. Today's proposed revisions also reflect improvements in 
technology that allow for the ability to prevent and quickly detect 
releases for many tank systems that are currently deferred. The 
regulatory changes proposed today impose costs to owners and operators 
of existing regulated UST systems, owners and operators of certain 
deferred USTs, as well as costs associated with state review of the 
regulatory changes. EPA prepared an analysis of the potential 
incremental costs and benefits associated with this action. This 
analysis is contained in the regulatory impact analysis (RIA) titled 
Assessment Of The Potential Costs, Benefits, And Other Impacts Of The 
Proposed Revisions To EPA's Underground Storage Tank Regulations, which 
is available in the docket for this proposal. A summary of these 
impacts is provided under the Statutory Review section of this preamble 
and in the table below.

                 Costs and Benefits of the Proposed Rule
                            [2008$ millions]
------------------------------------------------------------------------
                                     7% Discount rate   3% Discount rate
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Total Annual Compliance Costs.....               $210               $210
Total Annual Avoided Costs........          $300-$740          $330-$770
Net Cost (Savings) to Society.....         ($530-$90)        ($560-$120)
------------------------------------------------------------------------

    EPA also prepared a risk assessment titled Risk Analysis to Support 
Potential Revisions to Underground Storage Tank (UST) Regulations, 
associated with the regulatory changes. The risk assessment examines 
potential impacts to groundwater and subsequent chemical transport, 
exposure and risk. It is available for review in the docket for this 
proposal.

What was EPA's process in deciding which changes to incorporate in the 
regulations?

    After the Energy Policy Act became law, EPA recognized a need to 
revise the 1988 UST regulations. The Energy Policy Act required 
additional measures to protect groundwater (either with secondary 
containment or financial responsibility for manufacturers and 
installers) and operator training requirements in states receiving 
federal Subtitle I money from EPA. However, no similar requirements 
would apply in Indian country until EPA promulgates a regulation. Both 
EPA and Tribes are committed to ensuring program parity between states 
and in Indian country, and today's proposed regulation, when final, 
will achieve this parity.
    For over 20 years, the 1988 UST regulations worked well. However, 
two decades of experience implementing the UST program have shown there 
are a number of areas where EPA can improve the UST program and 
increase environmental protection. For example, updating the regulation 
to reflect current technologies and ensuring release prevention and 
release detection equipment are properly operated and maintained have 
surfaced as important regulatory changes.
    From the start, EPA embraced an open, inclusive, and transparent 
process so all UST stakeholders had an opportunity to share their ideas 
and concerns. EPA recognizes concerns about costs to owners and 
operators and the importance of limiting requirements for retrofits. In 
developing this rule, we reached out to stakeholders involved in all 
aspects of the tank program, provided multiple opportunities for 
sharing ideas, and kept stakeholders informed of progress.
    Using information from our extensive outreach, EPA compiled 
potential proposed changes to the 1988 UST regulations. We added or 
deleted items to the list of changes based on data, analysis, costs and 
benefits resulting from the proposed changes, and EPA discretion. 
Ultimately, EPA identified

[[Page 71712]]

the items in today's proposal as most appropriate.

IV. Proposed Revisions to the Requirements for Owners and Operators of 
Underground Storage Tanks

    The following sections describe EPA's proposal, starting with 
requirements for operator training and secondary containment. The next 
four sections address changes to the existing regulation in 40 CFR part 
280, organized by topic: Additional requirements for operation and 
maintenance; proposed approach for currently deferred tanks; other 
changes to improve release prevention and release detection; and 
general updates to the 1988 UST regulation. Finally, there is a section 
describing alternative options considered.
    After each proposed regulatory change, EPA poses some questions to 
which readers may wish to respond. In addition to these specific 
questions, readers may provide comments to any other area of the 
proposal on which they wish to comment.

A. Changes To Establish Federal Requirements for Operator Training and 
Secondary Containment

1. Operator Training

What is EPA proposing?

    EPA is proposing to add a new subpart, subpart J--Operator 
Training, to 40 CFR part 280. Through subpart J, EPA is proposing the 
following training requirements for three UST system operator classes.
New Definitions
    EPA is proposing the following new terms and definitions:
     Class A operator--individual with primary responsibility 
for operating and maintaining an UST system according to applicable 
requirements established by the implementing agency. The Class A 
operator typically manages resources and personnel, such as 
establishing work assignments, to achieve and maintain compliance with 
regulatory requirements.
     Class B operator--individual with day-to-day 
responsibility for implementing applicable regulatory requirements 
established by the implementing agency. The Class B operator typically 
implements in the field aspects of operation, maintenance, and 
associated recordkeeping for an UST system.
     Class C operator--employee responsible for initially 
addressing emergencies presented by a spill or release from an UST 
system. The Class C operator typically controls or monitors dispensing 
or sale of regulated substances.
     Training program--any program established by the 
implementing agency that provides information to and evaluates the 
knowledge of a Class A, Class B, or Class C operator regarding 
requirements for UST systems.
Training Requirements
     How operators are designated--UST owners and operators 
must designate individuals for each of the three operator classes. UST 
owners and operators must designate at least one Class A and one Class 
B operator for each UST or group of USTs at a facility. UST owners and 
operators must designate all of their employees who meet the Class C 
operator definition as Class C operators.
     Who must be trained--This proposed training requirement 
covers all UST systems storing regulated substances. UST owners and 
operators must ensure designated individuals meet specific training 
requirements according to the operator class in which they are 
designated.
     Requirements for operator training--UST owners and 
operators must ensure operators in each class successfully complete 
training programs or comparable examinations that, at a minimum, cover 
these areas:
    [cir] Class A operator--spill and overfill prevention; release 
detection; corrosion protection; emergency response; product and 
equipment compatibility; financial responsibility; notification and 
storage tank registration; temporary and permanent closure; related 
reporting and recordkeeping; environmental and regulatory consequences 
of releases; and training requirements for Class B and C operators. 
Training for Class A operators is general on all listed areas.
    [cir] Class B operator--operation and maintenance; spill and 
overfill prevention; release detection and related reporting; corrosion 
protection and related testing; emergency response; product and 
equipment compatibility; reporting and recordkeeping; environmental and 
regulatory consequences of releases; and training requirements for 
Class C operator. Training for Class B operators may be general or 
specific to a Class B operator's site.
    [cir] Class C operator--appropriate action to take in response to 
emergencies (including situations posing an immediate danger or threat 
to the public or environment and that require immediate action) or 
alarms caused by spills or releases from an UST system. Training for 
Class C operators may be general or specific to a Class C operator's 
site.
     Training programs for Class A and B operators must, at a 
minimum, teach and evaluate their knowledge on the purpose, methods, 
and functions of items listed in the minimum training areas above. 
Training programs for Class C operators must teach and evaluate their 
knowledge of the items listed in the minimum training areas above.
     A training program must meet the minimum requirements 
discussed above and evaluate knowledge through a test, practical 
demonstration, or another approach acceptable to the implementing 
agency. In lieu of a training program, all three operator classes must 
pass comparable examinations that assess their knowledge in the minimum 
training areas above.
     The evaluation component of training programs and 
comparable examinations must be developed and administered by an 
independent organization, the implementing agency, or delegated 
authority.
     When designated operators must complete operator 
training--UST owners and operators must ensure all designated Class A, 
B, and C operators are trained or successfully complete a comparable 
examination according to criteria and within time frames in the 
schedule below. Phase in is based on when USTs were installed because 
newer UST systems tend to have fewer releases than older UST 
systems.\6\
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    \6\ Evaluation Of Releases From New And Upgraded Underground 
Storage Tanks, Peer Review Draft, U.S. EPA/OUST, August 2004.

[[Page 71713]]



                                     Phase-In Schedule for Operator Training
----------------------------------------------------------------------------------------------------------------
                 Criteria                    Date when operator training or comparable  examination is required
----------------------------------------------------------------------------------------------------------------
One or more USTs at the facility were      One year after effective date of rule.
 installed on or before 12/22/1988.
No USTs at the facility were installed on  Two years after effective date of rule.
 or before 12/22/1988 and at least one
 UST at the facility was installed on or
 before 12/22/1998.
All USTs at the facility were installed    Three years after effective date of rule.
 after 12/22/1998.
----------------------------------------------------------------------------------------------------------------

    After the last date in the table above, UST owners and operators 
must ensure designated Class A and B operators are trained within 30 
days of assuming duties. Designated Class C operators must be trained 
before assuming their duties.
     Retraining--Class A and B operators of UST systems 
determined by the implementing agency to be out of compliance must 
complete a training program or comparable examination in accordance 
with requirements in Sec.  280.242. At a minimum, training must cover 
the area(s) determined to be out of compliance. Retraining must occur 
within 30 days from the date an implementing agency determines an UST 
system is out of compliance. Retraining is not required if:
    [cir] Class A and B operators take annual refresher training which 
covers all applicable training requirements for their operator class; 
or
    [cir] The implementing agency, at its discretion, grants a waiver 
relinquishing the Class A and B operators from meeting the retraining 
requirement.
     Documentation--UST owners and operators must maintain 
documents that identify all operators by class and demonstrate that 
training or retraining, if necessary, was completed. These documents 
must contain:
    [cir] A list of designated Class A, B, and C operators for each UST 
facility--Include names, operator class trained, date assumed duties, 
date completed initial training, and date of any retraining. These 
records must be maintained for all Class A, B, and C operators at the 
facility for the previous three years.
    [cir] Proof of training or retraining--A paper or electronic record 
that, at a minimum, includes name of trainee, date trained, and 
operator class. In addition, records from classroom or field training 
programs or a comparable examination, must be signed by the trainer or 
examiner and include the printed name of the trainer or examiner, 
company name, address, and phone number. Records from computer-based 
training, at a minimum, must include the name of the training program 
and web address, if Internet-based. Records of retraining must include 
those areas on which the Class A or B operator was retrained. Records 
of training or retraining must be maintained as long as the Class A, 
Class B, and Class C operators are designated at the facility.

Why is EPA proposing this change? What background information is 
available about this change?

    EPA is proposing operator training requirements to ensure that all 
regulated UST systems are operated by properly trained individuals. The 
operator training provision of the Energy Policy Act requires state 
implementing agencies, as a condition of receiving federal Subtitle I 
money, develop state-specific training requirements for three classes 
of UST system operators. EPA issued grant guidelines that provide 
minimum requirements state operator training programs must include in 
order for states to continue receiving federal Subtitle I money.\7\ The 
operator training grant guidelines apply to most UST systems in the 
United States; however, not all are covered. UST systems not covered 
include those in Indian country where EPA is the primary implementing 
agency, and in states and territories that do not meet the requirements 
of EPA's operator training grant guidelines.
---------------------------------------------------------------------------

    \7\ Grant Guidelines To States For Implementing The Operator 
Training Provision Of The Energy Policy Act Of 2005: https://www.epa.gov/oust/fedlaws/optraing.htm.
---------------------------------------------------------------------------

    Through today's proposal, EPA is closing the gap in coverage and 
ensuring all operators are trained according to their level of 
responsibility, as designated as Class A, B, or C. Sufficiently 
training UST operators will increase compliance with regulatory 
requirements. In addition, operator training may decrease UST system 
releases by educating Class A, B, and C operators about their UST 
system requirements, and may result in greater protection of human 
health and the environment.
    Today's proposed operator training regulation for UST owners and 
operators is consistent with the requirements in EPA's operator 
training grant guidelines for states. In both, EPA establishes minimum 
operator training requirements, yet allows flexibility to tailor 
training programs for specific needs. This means that although there 
may be variations among operator training programs, all Class A, B, and 
C operators will be trained to meet minimum requirements.
    Definitions--EPA is proposing specific definitions of the three 
operator classes to distinguish them from the term operator defined in 
the 1988 UST regulation. Only if a Class A, B, or C operator meets the 
definition of operator in the 1988 UST regulation will he or she then 
be subject to the same responsibilities and liabilities as an operator. 
EPA's proposed definitions of Class A, B, and C operators do not 
relieve owners and operators, as defined in the 1988 UST regulation, 
from any legal responsibility. EPA based the proposed three operator 
class definitions on duties each typically performs at UST facilities.
    EPA is proposing a definition for training program. It is important 
that training programs for Class A, B, and C operators include both 
sharing information and evaluating knowledge.
    How operators are designated--EPA is proposing how UST owners and 
operators designate the three operator classes for their facilities. 
EPA is taking the position that designating at least one Class A and B 
operator at each facility is sufficient. Class A and B operators can 
provide adequate training to Class C operators, which should ease UST 
owners' and operators' ability to comply with this requirement. Because 
a Class C operator's duties typically place him or her in a position of 
providing initial response to an emergency, any UST owner's and 
operator's employee who meets the Class C operator definition must be 
designated as such and trained in emergency response.
    EPA will allow UST owners and operators to designate contractors as 
their Class A and B operators as long as they are responsible for all 
areas required in the training for the class of operator designated. 
UST owners and operators must maintain documentation containing 
individual names of Class A and B contractors who complete operator 
training. It will be easier for implementing agencies to verify 
training, retraining, and refresher training using individual names 
rather

[[Page 71714]]

than company names. All Class C operators must be employees of the UST 
system owner and operator.
    EPA wants to ensure Class A and B operator training addresses all 
components and encompasses the entire UST system. If an UST system is 
out of compliance and the implementing agency determines retraining is 
required, Class A or B operators must either be retrained or take 
annual refresher training. EPA cautions UST owners and operators to 
consider whether contractors serving as Class A or B operators can be 
designated. Because some contractors specialize in UST services, they 
might not be eligible to be Class A or B operators. For example, if a 
contractor is only responsible for release detection compliance, that 
contractor would not be eligible to be a Class A or B operator because 
he or she is not responsible for all required training areas.
    EPA realizes many UST owners and operators may want to designate 
one person at an UST facility as responsible for all Class A, B, and C 
operator duties. EPA will allow one person to serve in multiple 
operator classes; however, that person must be trained for each class 
designated.
    Who must be trained--When final, today's proposal will require 
training for designated Class A, B, and C operators at UST systems 
regulated under Subtitle I. This includes UST systems of all attended 
and unattended facilities. An unattended UST facility means a Class A, 
B, or C operator may not be present during times when a facility is 
operating. Nonetheless, even at unattended UST facilities, designated 
Class A, B, and C operators must still meet the operator training 
requirement.
    Requirements for operator training--EPA based the three operator 
classes on duties each typically performs at UST facilities. Building 
on that, EPA is proposing each person designated in an operator class 
pass an examination comparable to the training program, or meet a 
specific training program, which will:
     For Class A operator, teach and evaluate his or her 
knowledge to make informed decisions regarding compliance and determine 
whether appropriate people are fulfilling the operation, maintenance, 
and recordkeeping requirements for UST systems.
     For Class B operator, teach and evaluate his or her 
knowledge and skills to implement UST regulatory requirements on 
typical UST system components or site-specific equipment at the UST 
facility.
     For Class C operator, teach and evaluate his or her 
knowledge to take appropriate action in response to emergencies 
(including situations posing an immediate danger or threat to the 
public or environment and that require immediate action) or alarms 
caused by spills or releases from an UST system.
    For each class of operator, EPA considered developing specific 
training curricula that would prescribe length of training, areas to 
cover, and trainer qualifications. EPA decided that providing the 
general criteria requirements presented in today's proposal is the best 
approach because they provide flexibility while being comparable to 
EPA's operator training grant guidelines for states and ensuring each 
class of operator is trained.
    EPA proposes not to restrict who may develop and administer the 
training component of a training program. However, to avoid potential 
conflicts of interest, EPA proposes to only allow independent 
organizations to develop and administer the evaluation component 
training programs and comparable examinations, as long as they meet the 
minimum requirements in today's proposal. EPA considers independent 
organizations to include a wide array of program providers who are not 
affiliated with the Class A, B, or C operators they are training. For 
example, Class A or B operators can train other Class A or B operators 
at the same UST facility, but they cannot develop or conduct the 
evaluation component of the training program for those operators. 
However, as discussed earlier, Class A or B operators can train and 
evaluate Class C operators. In addition, the implementing agency may 
develop and administer a training program or comparable examination.
    Although not specifically listed in the regulation, EPA will allow 
a variety of ways to train operators. These include classroom, 
computer-based, hands on, and any combination of these.
    Accepted in lieu of completing a training program, Class A, B, or C 
operators can pass a comparable examination (for example, via 
classroom, Internet, or computer program) that meets the requirements 
for operator training criteria described in today's proposal.
    When designated operators must complete operator training--EPA is 
proposing that UST owners and operators ensure all Class A, B, and C 
operators successfully complete a training program or a comparable 
examination over three years, based on UST installation dates. This 
phased-in approach will stagger the need for operator training and 
reduce a rush at the end of the initial three year period. Since older 
USTs potentially pose a greater risk to the environment, EPA decided 
Class A, B, and C operators of those systems should be trained first.
    After the initial three year phase-in period and for consistency 
with EPA's operator training grant guidelines for states, EPA is 
proposing new Class A, B, and C operators be trained as follows:
     Class A and B operators must be trained within 30 days of 
assuming duties. 30 days are sufficient for Class A and B operators to 
receive operator training.
     Class C operators must be trained before they assume their 
duties; it is critical that they are trained immediately in order to 
respond to emergencies.
    Retraining--UST system noncompliance can be an indication that 
Class A and B operators are not doing what is necessary to maintain 
compliance. If an UST system is out of compliance, then generally, 
Class A and B operators designated for that UST system need to be 
retrained. Retraining must, at a minimum, cover those areas determined 
by the implementing agency to be out of compliance. Retraining must be 
completed within 30 days of the implementing agency making a final 
determination of noncompliance. EPA is proposing to allow annual 
refresher training in lieu of retraining as long as all training areas 
required by regulation are covered. Refresher training must have been 
in place at the time the implementing agency determined the UST system 
was out of compliance.
    EPA is also proposing to allow implementing agencies, at their 
discretion, to waive the retraining requirement. EPA recommends that 
such a waiver be in writing. In granting a waiver, EPA expects the 
implementing agency to consider factors such as the severity and areas 
of noncompliance. In those instances where UST system noncompliance 
violations do not warrant retraining, EPA encourages implementing 
agencies to provide information to Class A and B operators so they are 
able to return their facilities to compliance. These allowances will 
provide greater flexibility for UST owners and operators to meet the 
retraining requirement. This proposal is consistent with EPA's 
retraining requirement for noncompliance with significant operational 
compliance requirements and an annual refresher training allowance 
provided in our operator training grant guidelines for states.
    EPA considered requiring retraining when UST facilities change 
equipment,

[[Page 71715]]

but decided this would be an unnecessary burden on both the regulated 
community and implementing agencies. If an UST system is out of 
compliance because of an equipment change, EPA is proposing that the 
implementing agency require that UST owners and operators ensure Class 
A and B operators are retrained as proposed above.
    Documentation--EPA is proposing UST owners and operators maintain a 
list of Class A, B, and C operators at each UST facility for the 
previous three years. Keeping this list for three years is adequate 
because it is consistent with the inspection frequency provided by the 
Energy Policy Act. Owners and operators must have a list of trained 
operators for the past three years each time they are inspected. In 
addition, UST owners and operators must also document verification of 
training or retraining, as appropriate, for each class of operator. EPA 
will require basic information to document Class A, B, and C operators 
and confirm they are appropriately trained. For example, classroom 
training must be signed by the trainer; computer based training does 
not require a signature but must indicate the name of the training. 
Records verifying training or retraining must be maintained as long as 
the Class A, B, and C operators are designated at the facility. This 
time frame will allow owners and operators to demonstrate Class A, B, 
and C operators are trained as long as they are designated at the 
facility.

What issues related to this change does EPA request comment or 
additional data on?

     Should EPA impose a limit on the number of USTs or 
facilities a Class A or B operator is responsible for? If so, what 
should the limit be and why?
     EPA is seeking information about the number of unattended 
regulated UST facilities in the United States. How many regulated UST 
facilities are unattended in the United States?
     EPA is basing the initial period for meeting the training 
requirement on the UST installation date. Should we consider other 
criteria? If so, what and why?
     Is there a need for a phased-in schedule for operator 
training? If so, is EPA's proposed schedule reasonable?
     Does EPA's proposal prohibit training approaches currently 
available? If so, which ones and why?
     Should EPA prohibit particular training approaches? If so, 
which ones and why?
     Although operators can access any available information 
source to obtain necessary knowledge of UST systems, in order to 
address potential conflicts of interest concerns, only independent 
organizations are allowed to develop and administer the evaluation 
component of training programs and comparable examinations. Are there 
cases where EPA should consider exceptions to this proposed 
requirement?
    Please provide reasoning or justification if you disagree with or 
propose something different from EPA's proposal.
2. Secondary Containment

What is EPA proposing?

    EPA is proposing to add in 40 CFR part 280 secondary containment 
and interstitial monitoring requirements for new and replaced tanks and 
piping. In addition, UST systems must have under-dispenser containment 
for new dispenser systems.
New Definitions
    EPA is proposing the following new terms and definitions:
     Dispenser system--Equipment located above ground that 
meters the amount of regulated substances transferred to a point of use 
outside the UST system, such as a motor vehicle. This system includes 
equipment necessary to connect the dispenser to the UST system.
     Replaced--
    [cir] For a tank: To remove a tank and install another tank.
    [cir] For piping: To remove 50 percent or more of piping and 
install other piping, excluding connectors, connected to a single tank. 
For tanks with multiple piping runs, this definition applies 
independently to each piping run.
     Secondary containment or secondarily contained--A release 
prevention and release detection system for a tank and/or piping. This 
system has an inner and outer barrier with an interstitial space that 
is monitored for leaks.
     Under-dispenser containment (UDC)--Containment underneath 
a dispenser system designed to prevent dispenser system leaks from 
reaching soil or groundwater.
Secondary Containment
    EPA is proposing owners and operators install secondary containment 
(including interstitial monitoring) for new or replaced tanks and 
piping installed after the effective date of the final UST regulation. 
EPA is not proposing secondary containment for the following types of 
piping:
     Suction piping that meets the requirements of Sec.  
280.41(b)(2)(i) through (v), sometimes called safe suction piping; and
     Piping associated with field-constructed tanks and airport 
hydrant fuel distribution systems.
    EPA is proposing secondarily contained tanks and piping be:
     Able to contain regulated substances leaked from the 
primary containment until they are detected and removed;
     Able to prevent release of regulated substances to the 
environment at any time during the operational life of the UST system; 
and
     Monitored for a leak at least once every 30 days using 
interstitial monitoring according to Sec.  280.43(g).
    In addition to the requirements above, pressurized piping must have 
an automatic line leak detector according to Sec.  280.44(a).
    EPA is proposing to remove the option in Sec.  280.42 for owners 
and operators to use a release detection method other than interstitial 
monitoring for hazardous substance USTs installed after the effective 
date of the final UST regulation.
Under-Dispenser Containment
    EPA is proposing owners and operators install under-dispenser 
containment beneath new dispenser systems at UST systems. EPA will 
incorporate this new requirement by adding a new subsection (f) to 
Sec.  280.20, which will require under-dispenser containment beneath 
each new dispenser system at an UST system.
    EPA is proposing a dispenser system be considered new when both the 
dispenser system and equipment needed to connect the dispenser system 
to the UST system are installed at an UST facility. The equipment 
connecting the dispenser system to the UST system includes check 
valves, shear valves, unburied risers or flexible connectors, or other 
transitional components beneath the dispenser that connect it to 
underground piping. Finally, under-dispenser containment must be liquid 
tight on its sides, bottom, and at any penetrations and allow for 
visual inspection and access to the components in the containment 
system, or must be continuously monitored for leaks from the dispenser 
system.

Why is EPA proposing this change? What background information is 
available about this change?

    EPA is proposing this change to prevent regulated substances from 
reaching the environment and ensure a consistent level of environmental 
protection for regulated UST systems across the United States. Data 
from

[[Page 71716]]

release sites show a higher number of releases from single-walled tanks 
and piping when compared to secondarily contained systems.\8 9\ 
Releases could be reduced for tanks and piping if they are secondarily 
contained.
---------------------------------------------------------------------------

    \8\ Petroleum Releases At Underground Storage Tank Facilities In 
Florida, Peer Review Draft, U.S. EPA/OUST, March 2005.
    \9\ Evaluation Of Releases From New And Upgraded Underground 
Storage Tanks, Peer Review Draft, U.S. EPA/OUST, August 2004.
---------------------------------------------------------------------------

    The Energy Policy Act requires state implementing agencies, as a 
condition of receiving federal Subtitle I money, implement additional 
measures to protect groundwater. Under the law, state implementing 
agencies' choices to protect groundwater were secondary containment 
(including under-dispenser containment) or financial responsibility for 
manufacturers and installers (and installer certification). 54 of 56 
state implementing agencies chose secondary containment. The Energy 
Policy Act did not specifically require additional measures to protect 
groundwater in Indian country. As the primary implementer for more than 
2,600 UST systems in Indian country, \10\ EPA is proposing secondary 
containment for new and replaced tanks and piping along with under-
dispenser containment beneath all new dispenser systems at UST systems. 
Over the last seven years, approximately 25 new UST systems per year 
were installed in Indian country.\11\ The final UST regulation will 
bring UST systems in Indian country to the same level of environmental 
protection as those regulated by states.
---------------------------------------------------------------------------

    \10\ Semi-Annual Report Of UST Performance Measures, End Of 
Fiscal Year 2009, https://epa.gov/oust/cat/camarchv.htm.
    \11\ E2, Incorporated, memoranda and analyses submitted under 
Contract EP-W-05-018, ``U.S. Environmental Protection Agency. 
Underground Storage Tanks/Leaking Underground Storage Tanks 
Analytical And Technical Support.'' These supporting materials can 
be found in the docket for the proposed rulemaking.
---------------------------------------------------------------------------

    The Energy Policy Act requires states that receive federal Subtitle 
I money (and that choose the secondary containment option) to have 
secondary containment and under-dispenser containment for tanks, 
piping, and dispensers only if they are installed or replaced within 
1,000 feet of an existing community water system or potable drinking 
water well.\12\ However, EPA is proposing all new and replaced tanks 
and piping have secondary containment and UST systems have under-
dispenser containment beneath all new dispenser systems for the 
following reasons:
---------------------------------------------------------------------------

    \12\ Title XV, subtitle B, Section 1530 of Energy Policy Act of 
2005, 109th Congress Public Law 58, August 8, 2005.
---------------------------------------------------------------------------

     Nearly all new and replaced tanks and piping are installed 
within 1,000 feet of an existing community water system or potable 
drinking water well. We assume that any UST listed with a commercial 
ownership type (i.e., gas station) is located within 1,000 feet of an 
on-site well or public water line because nearly all commercially-owned 
facilities with USTs require water utilities in order to operate and 
all privately owned facilities (i.e., fleet fueling for non-marketers) 
are also assumed to be in close proximity to some type of water supply 
given that these sites are typically combined with other functional 
operations (office, maintenance, manufacturing, etc.) and require water 
for restrooms, water fountains, shops, etc.;\13\
---------------------------------------------------------------------------

    \13\ E2, Incorporated, memoranda and analyses submitted under 
Contract EP-W-05-018, ``U.S. Environmental Protection Agency. 
Underground Storage Tanks/Leaking Underground Storage Tanks 
Analytical And Technical Support.'' These supporting materials can 
be found in the docket for the proposed rulemaking.
---------------------------------------------------------------------------

     Some state implementing agencies that require secondary 
containment only within 1,000 feet of one of these water sources have 
informed EPA that installations of single-walled tanks or piping are 
not occurring; and
     Secondary containment and under-dispenser containment will 
help protect other sensitive areas, such as designated source water 
protection areas, natural springs, and surface waters.
    EPA is not proposing secondary containment for piping that meets 
the requirements of 280.41(b)(2)(i) through (v), sometimes called safe 
suction piping because it is currently not required to meet release 
detection requirements. This type of piping uses a suction pump to 
deliver regulated substances from the UST to the dispenser. Safe 
suction piping operates at less than atmospheric pressure, slopes back 
towards the UST so regulated substances drain to the UST if suction is 
lost, and has only one check valve located close to the suction pump. 
As discussed in the 1988 UST regulation preamble, these characteristics 
ensure that little, if any, regulated substances will be released if a 
break occurs in the line.\14\
---------------------------------------------------------------------------

    \14\ Preamble to 40 CFR part 280, FR Vol. 53, No. 185, Friday, 
September 23, 1988, p. 37154.
---------------------------------------------------------------------------

    EPA is not proposing secondary containment for piping associated 
with field-constructed tanks and airport hydrant fuel distribution 
systems. EPA understands this piping typically is larger diameter and 
runs for long distances, making it difficult to slope the piping back 
to an interstitial monitoring area. In addition, EPA understands it is 
difficult to keep water out of the interstitial area of these long 
piping runs. Since nearly all this piping is steel, corrosion can occur 
in the interstitial area when an electrolyte, such as water, is in the 
interstitial area. This corrosion can significantly shorten the 
piping's life. Corrosion protection safeguards piping in contact with 
the ground, but does not protect the inside part of piping from 
corrosion. To prevent corrosion caused by water in the interstitial 
area, owners and operators would need to add corrosion protection 
inside the interstitial area of piping, which EPA realizes would be 
difficult, if not impossible, to do. Given all of these issues, 
secondary containment for these piping runs could potentially reduce 
environmental protection.
    EPA is proposing owners and operators install tank and piping 
secondary containment that: will contain regulated substances leaked 
from the primary containment until they are detected and removed; is 
able to prevent the release of regulated substances to the environment 
at any time during the operational life of the UST system; and is 
monitored for a leak at least once every 30 days using interstitial 
monitoring. These requirements are consistent with the 1988 UST 
regulation for secondarily contained hazardous substance tanks (Sec.  
280.42) and are necessary to help preven