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MARKETING & SUPPLY BY GREGORYM. MYKA AND DR. JENNIFERSCHNEIDER Impacts of the proposed integrity testing requirements for underground petroleum storage tank system double-walled piping, (abridged version) GOT INTEGRITY? I F YOU HAVE AN UNDERGROUND PETROLEUM STORAGE tank, with underground piping, be prepared. In the near future you may be spending money to upgrade or replace your piping system. Even if, you were a proactive tank owner who installed double-walled underground piping for your petro- leum UST, or live in a jurisdiction where piping secondary containment is already a regulatory requirement, the EPA has proposed more stringent operating requirements that may only be met by upgrading or installing new under- ground piping systems. The following article is an abridged version of a timely research paper focusing on the background behind one of the provisions to the EPA's November 2011 proposed regu- latory changes to 40 CFR §280.36(2), Periodic Testing of Secondary Containment, as well as the public and regulatory comments received by the EPA. The report, complete with all sections, will be available on the NPN website. INTRODUCTION On November 18, 2011, the United States Environmental Protection Agency (EPA) published proposed rules (EPA, 2011) to amend 40 CFR 280, the federal underground petroleum stor- age tank system regulations. A seemingly minor component of those changes can be found in §280.36, Periodic Testing of Secondary Containment. §280.36(2) of the proposed revisions to this sub-section, is the requirement for periodic integrity testing of the interstitial space of double-walled underground piping systems. Piping systems that are continuously monitored with either pressure, vacuum or liquid filled interstice will not be subject to these requirements. According to information in the EPA's Semi-Annual Report of UST Performance Measures (EPA, 2011), over 110,000 existing piping systems will be required to perform integrity testing every three years (EPA, 2009). However, many of these piping systems currently perform leak detec- tion by continuously monitoring the interstitial space of double-walled piping with the use of sensors in the lowest portion of the piping containment, the piping-sumps. Double-walled piping systems were not required for tank systems subject to the 1988 federal regulations, but systems 40 SEPTEMBER 2012 of this type were installed, by pro-active tank owners, in response to the 1998 deadline. Because these systems were not designed, manufactured or installed with the intention of testing, there will be many thousands of systems that will not easily be tested, or tested at all, in a manner that will be in compliance with the proposed regulation. If the proposed regulations are promulgated, tank owners will then be required to determine how they will meet the regu- lations: whether to replace their existing secondary contain- ment piping systems that may be tight, only to install systems that can be tested; or choose to replace their double-walled pip- ing systems with systems that are not required to be tested. BACKGROUND In 1984, Congress added Subtitle I to the Solid Waste Disposal Act, to further strengthen the Conservation and Recovery Act (RCRA) of 1976. Subtitle I required the EPA to protect the environment and human health from underground storage tank (UST) releases by developing a comprehensive regulatory program for USTs stor- ing petroleum, and other hazardous materials. On September 23, 1988, the EPA finalized the UST regulations: 40 CFR 280 (United States, 1988), and set a deadline of December 22, 1998, for manda- tory upgrading or replacement of UST systems that did not meet minimum construction and installation standards. In 2005, the Energy Policy Act further amended Subtitle I, to include provisions for tank operations training, inspec- tions, delivery prohibitions, secondary containment, and financial responsibility, etc. (United States Congress, 2005). The 1988 regulations were focused on tank owners operat- ing systems that met installation and material standards for corrosion resistance, spill and overfill prevention, and leak detection. On November 18, 2011 the EPA stated that "Today's proposed revisions to the 1988 UST regulations focus on ensuring equipment is working, rather than requir- ing UST owners and operators to replace or upgrade equip- ment that is already in place." (EPA, 2011) The EPA has not significantly changed 40 CFR 280 since 1988 (Renkes, 2012 PEI), but with more than 20 years of expe- rience with UST requirements, the EPA has concluded that using improved equipment, combined with operating and maintaining that equipment, is necessary to protect human health and the environment. However, with the promulgation NPN Magazine n www.npnweb.com