.    .,.    ,     .        .,
                              •.."•'"•'••   ' ' ' ' EP4 510-K-94-001

               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C. 20460
                           '                      '
                            JJN.-8 1994
                                               ..•'''  OPPICE OF "   '  '•'  . -
                                               ?OUD WASTE AND EMERGENCY RESPONSE
                                                        \V
 Mr. John D. Barnes                                     ,
 Manager, Government and Public Affairs
 Steel Tank Institute
 570 OakWqod Road
 Lake Zurich, IL  60047                                ,

 Dear Mr. Barnes:                                           :

      In late April 1994, the Steel Tank Institute (STI) 'notified
 the Environmental Protection Agency  (EPA) of  its  desire  to
 withdraw its request for EPA to relax the mandated frequency for
 monitoring the cathodic protection of federally regulated sti-P3«
 underground storage tanks (USTs) .  By return  letter the  Agency
 honored STI's request.  The purpose of this letter is to respond
 to your letter of May 12,  1994 to Administrator Browner  (copy
 enclosed)  by which STI notified EPA of its desire to continue to
 seek relaxation of the federal requirement for monitoring
 cathodic protection systems on sti-P3« USTs.  This letter also
 provides information on the Federal Register Notice of Data
 Avaiial?ihl?V'  which solicited public comments on  this issue  and
 9n the  TiiM nghact study.   Enclosed are copies of  the £^J
 Rpgister • ™<---f ??« and EPA's  Comment-Response document. ';
 ,vrr>^     May  12th letter states "The Notice of Data Availability
 (NDA) process  was suggested to STI by the EPA Office of
Underground  storage Tanks (OUST)  as a way to accomplish the
amendment of the  monitoring mandate. ..."  This statement is
misleading.  in response to STI's request for relaxation of the
monitoring requirement,  EPA voluntarily chose to publish a NDA as
a mechanism  to obtain public comment  and a broader perspective on
the technical  issue under consideration/ and as one of several
sources of information to be used in  the Agency's deliberative
Sn?0;3,^ At n°^i^^S there a  Presumption that publishing the
NDA would mean that the  Agency intended to relax the requirement
°l  ,a  it- was a  necessary precondition to making such a change
should the Agency decide to do so.          ,                  ^
                                                         Printed on Recycled bio*'

-------
                                                                        r _
      We have carefully reviewed  STI's arguments, the  Tillinghast
 study and all other  information  submitted to the docket  as  of the
 end of January, 1994.  The Agency has decided not to  take any
 action at this time  to relax the frequency requirement for
 cathodic protection  monitoring of sti-P3® tanks.


 BACKGROUND

      In 1992, STI and its members requested that EPA  relax  the"
 frequency requirement for ongoing cathodic protection monitoring
 of certain regulated USTs.  This requirement, found at 40 CFR
 280.31(b)(1), requires that "all cathodic protection  systems  must
 be tested within 6 months of installation and at least every  3
 years thereafter or according to another reasonable time frame
, established by the implementing agency...."  STI requested  that
 EPA, as an implementing agency, alter the required frequency  for
 sti-P3® tanks to be at the time of installation and subsequently
 only after any disturbance of the excaivation into which the tank
 had been placed.   EPA indicated that it did not have data
 sufficient, to support relaxing the requirement at that time.

      STI then contracted with Tillinghast,  a Towers Perrin
 Company,  to perform a study of the issue and provide a report of
 the findings.    EPA,  after informing STI of its intentions to do
 so,  made the report,  titled "Evaluation Of The Potential For
 External Corrosion And Review Of Cathodic Protection Monitoring
 Associated With  stiHP3® Underground Storage Tanks,".available to
 the public.   Although not required to,  on October 25,  1993,  EPA
 published  a Notice,of Data Availability in the Federal Register
 and requested public  comments on the report.   The comment
 summaries'  and EPA's tespouseis provided  in the enclosed document.


 DISCUSSION

     STI and its members  asserted that  the  required  frequency for
 cathodic protection monitoring  of sti-P3® tanks  should be relaxed
 for  the  following  reasons:

 o    sti-P3®'s excellent  performance record;
 o    Cathodic protection  monitoring  duplicates the effort of the
     required monthly leak detection checks;
 o    Regulatory inequity  between  existing steel  tanks  without
     corrosion protection, which  are not subject to the           >
     requirement,  and sti-P3« tanks;
 o    Periodic deflection  monitoring  for  fiberglass-reinforced
     plastic  (FRP)  tanks  is not required;
 o    Tendency for  the monitoring  requirement to  affect UST

-------
      buyers'  choices;      ,    -
 o   industry's  high cost  of  compliance;  and
 o    Lack of  regulatory  enforcement  efforts directed at cathodic
      protection  and its  monitoring.              ••",.•-

      EPA's responses are summarized  below.   For additional
 discussion, see  the enclosed  Comment-Response  document.
               .   .       '•>'•,...   • •    '   * :   '     ^

 sti-P3®/s performance record                ,

      The  information provided to EPA from STI  and  other  sources
 shows that, to date, sti-P3®  tanks appear to have  a  very good
 record of not failing due  to  external corrosion.   However, there
 are several reasons why  the data presented  by  STI  are not
 compelling enough to warrant  relaxation of  the monitoring
 requirement at this time.  The first is the youth  of the
 installed sti-P3® tanks  relative, to  their expected service life.
 No sti-P3® tank  has been in the ground for  a period  of time  equal
 to the current 30-year warranty period.   The vast  majority of  the
 more than 200,000 sti-P3®  tanks installed are  less than  nine
 ^ears old.  Though the Tillinghast report provided some
 information on older tanks (registered 1970-75), the information
 in the report.is largely from the more common  younger tanks.
 Indeed, compelling data  may not exist at  this  time,  due  to the
 relative  youth of the sti-P3® population.   Secondly,  and
 importantly, cathodic protection monitoring data show that eight
 percent or more  of tanks tested cannot be shown with certainty to
 meet the  industry standard for cathodic protection.   This  does
 not mean  that these tanks are  corroding,  but it does mean  that,
 for whatever reason, there is  not certainty that they are  not.
 Finally,  as the Tillinghast report and many commenters pointed
 cut, pi-oblems with sti-P3® tanks due to external corrosion have
 been documented.


 Cathodic  protection monitoring and the required monthly  leak
 detection  checks                                         >        •
                    I     ..                     -   '          .    .  „

     The  cathodic protection monitoring requirement,  while it
 shares some similarities with  the leak detection monitoring
 requirements,  serves a fundamentally different  purpose,  and
 therefore does not duplicate the leak detection effort.  Cathodic
 protection systems and the requirements for monitoring them  are
designed to reduce the likelihood that any release from  an UST
will>occur and is, therefore,  a method of pollution  prevention.
 Leak detection monitoring helps reduce the chances that  a  leak
will become significant,  but  in general is not  designed  to reduce
the likelihood of a leak.

-------
 Regulatory requirements for existing steel tanks without
 corrosion protection and for cathodicallv protected USTs

      While it is true that the UST regulations do not require
 monitoring of existing steel tanks without corrosion protection
 ("bare  steel tanks")  and that they can continue in service  until
 1998, this does not warrant relaxation of the requirements  for
 cathodically protected steel tanks.   EPA still believes,  as it
 did  when  the final technical rule was promulgated in 1988,  that
 even though bare steel tanks pose a significant environmental
 threat, a compliance period of less than 10 years for replacing
 or upgrading these tanks was not  feasible due to the large
 universe  of unprotected tanks.  The same considerations  did not,
 and  still do not,  apply to cathodically protected tanks.  No one
 contends  that there are not enough testers available to  meet the
 required  frequency,  and as discussed below,  once a tank  is
 cathodically protected,  complying with the monitoring
 requirements does  not pose an undue burden on the regulated
 community.   Meanwhile,  it is important, for cathodically  protected
 tanks to  be monitored,  to ensure  that they are indeed protected,
 and  to  ensure that they do not add to the threat already posed by
 existing  bare steel tanks.   EPA also would like to note  that any
 apparent  inequity  caused by the monitoring requirement is
 diminished by the  fact that bare  steel  tanks must be replaced,
 upgraded,  or closed by 1998,  at significant expense to the  owner
 or operator,  while sti-P3« tanks  (with  spill and overfill
 equipment)  need not be.
Deflection monitoring for fiberglass-reinforced Plastic YFRP1
tanks

     While it is true that FRP tanks are not subject to ongoing
tank wall deflection monitoring to ensure protection against
structural failure, the Agency believes that this is not a valid
reason to eliminate or reduce the cathodic protection monitoring
requirement for sti-P3« tanks.  Tank wall deflection in FRP tanks
is a fundamentally different physical phenomenon froa external
corrosion of steel tanks.  Because each tank technology is
different, EPA imposed technical standards which require testing
methods and frequencies specific to the technology used.
Therefore, such comparisons are not persuasive.

-------
  The monitoring requirement and tffif buyers' choie?g

  mn .In response to concerns that the cathodic protection
  monitoring requirement affects buyers' choices  this inll

  thL°have'iof tEP\belieV?S it: ^ only ^onrol^everfl'ffc
  that have led to changes in the market shares for various
 protected steel tanks, STI's proposal
       -ReSponrt document,  EPA beUevei that
       ST?^ •S.TESM; is^r^sstn
 monitoring can be viewed, as a benefit -.to^iti" customers
      6 " enSU               '          '   la"
                                                          it
 Industry's cost of

i     tonrricelvea^i.' tnat^at^^rote^n
                                             i

-------
Regulatory enforcement efforts direet«ad  at cathodic protection
and  its monitoring

     Enforcement priorities .for UST systems may differ state by
state.  However, the extent of current enforcement activity does
not  determine the need for cathodic protection monitoring.  In
many states, enforcement of the leak detection requirements has
priority over the cathodic protection monitoring requirements,
partly because of the earlier deadlines  for all tanks to be in
compliance with the leak detection requirements.  However, with
the  upcoming 1998 compliance deadline for corrosion protection of
all  regulated USTs, the emphasis likely  will shift to include
more vigorous enforcement of the cathodic protection monitoring
requirements.  EPA believes that cathodic protection monitoring
is an important component of pollution prevention for USTs.


CONCLUSION

     In addition to the fact that the Agency is unpersuaded by
STI's arguments addressed above, it is important to note that STI
seeks a relaxation of the monitoring frequency despite the fact
that the Tillinghast report was not able to come to any
conclusion regarding an appropriate frequency.  STI's position
that post-installation monitoring should be limited to instances
of disturbance of the excavation, without supporting data and/or
analyses, is unpersuasive.  This is because site conditions which
can  affect the performance of the anodes can occur or change
without the owner or operator's knowledge (e.g., stray currents
that may overpower anodes).  Therefore,  absent data that would
alleviate this concern, the Agency cannot say that STI's proposed
frequency would be, as EPA determined in promulgating the current
3-year monitoring frequency, "sufficient to detect any damage or
failure of the system and to take remeidial action in time to
prevent structural failures due to corrosion" (see, 53 FR 37137).

     Furthermore, EPA's decision not to  relax the cathodic
protection monitoring requirement also is strongly supported by
the  fact that several national standards, from both industry and
government, place stricter requirements  on cathodic protection
monitoring than do EPA's UST regulations.. Please see the
enclosed table comparing several national standards' cathodic
protection monitoring requirements.

     In short, EPA believes that the information before it is not
compelling enough to warrant relaxation  of the cathodic
protection monitoring requirement at this time.  EPA continues to
believe that steel tanks, protected from corrosion according to
both industry standards and Agency regulations, remain protective

-------
 of human health and the environment.   The fact that cathodic
 protection monitoring of sti-P3® tanks is possible and required
 means that owners and operators are likely t;o make sure that the
 environment - and their investment.-  remains protected.

      A copy of this letter and of EPA's Comment-Response document
 will  be sent to all those who have expressed interest in this
 issue,  including those who submitted  written comments.
                               David  W.  Ziegele,  Director
                               Office of Underground Storage Tanks

Enclosures:
  . -• i. May  12,  1994  letter from John Barnes,  STI
     2. Federal  Register Notice of Data Availability
     3. EPA  Comment-Response document
     4. Table of Standards for Cathodiq Protection Monitoring

cc:  State UST Program Managers (without Encl. 3)              ,
     UST/LUST Regional Program Managers                    x
     UST/LUST Regional Branch  Chiefs  (without  Encl.  2  and 3)
     Dawn Messier, OGC                    >
     Susan O/Keefe, OECA/RCRA
     OUST Management Team (without enclosures)
STIRepl3.WS1                                     ,   ^    ••-..,    \-' •''

-------

-------
                            -              •        -
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, O.C. 20460
           ......  ;;'•;•••  APR 28 1994    '             '  WTOOf   - ,:
   .   '  .         ••-••-           -..-,.                 SOUO WASTE ANO EMERGENCY
Mr. .Wayne Geyer                      ...-,.  ..                  RESPONSE
Executive Vice President                 •-
Steel Tank Institute,     >
570 Oakwood Road
Lake  Zurich,  IL   60047          •'                                 :

Dear Mr. Geyer:"  •'•-.'..'.   •/.'"'    ",  . :, , '',  '..'.''•  .',.'•'•'

     Thank you for your letter of  April 22,  1994, by which  th«
Steel tank Institute withdraws its request for the Environmental
Protection Agency to alter the mandated frequency for monitoring
cathodic protection  monitoring of  federally-regulated sti-P3
underground storage  tanks.  By this letter,  the Agency honors
your request  without prejudice.
                               David Ziegele, Director
                               Office of Underground Storage Tanks
cc: EPA UST/LUST Regional Program Managers
    EPA UST/LUST Regional Branch Chiefs
    EPA Office of General Counsel
    State  UST Program Managers     ('

-------

-------
    Steel Tank Institute
                                       April 22, 1994
Mr. David Ziegle
Director  '"•'";       ,   • .'   •   .-,..'••     ••,     /.   V  .  ',  '         ;' - ''
Office of Underground Storage Tanks
Environmental Protection Agency
401 M Street, S.W. (OS-410-WF) .'                                      .-
Washington, D.C.  20460

Dear,Mr. Ziegle:

      The Steel Tank Institute requests that the Environmental Protection Agency
Office of Underground Storage Tanks terminate the Federal Register Notice of Data
Availability process as regards the cathodic protection monitoring of the sti-P3*
underground storage tank.

   -  Thank you.
                            ' -       -     ,  ,  -.       "     .''"••;''-:-
          ....-.-.   -•••     •             Sincere!);
                                       Wayne Geyer
                                       Executive V^ce President
                                       Steel Tank Institute  '

-------
  Steel Tank Institute
                               708/438-TANK (8265)
                                       May 12,1994

The Honorable Carol Browner
Administrator                    ,
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C.  20460

Dear Administrator Browner:
                                                           \
       On April 22, 1994, the Steel Tank Institute (STI) requested that the
Environmental Protection Agency (EPA) terminate the Federal Register Notice of Data
Availability (NDA) process as regards the cathodic protection monitoring of the sti-P3»
underground storage tank.  Please see enclosed letter.

       The Notice of Data Availability process was suggested to STI by the  EPA Office
of Underground Storage Tanks (OUST) as a way to accomplish the amendment of the
monitoring mandate on the sti-P3* underground storage tank.

       It only recently became apparent that STTs goals were  not going to be
accomplished through the NDA process... therefore we withdrew our request that the
NDA process move forward.  EPA agreed to do so without prejudice. Please see
enclosed letter from David Ziegele, Director of OUST.

       The purpose of this letter is to notify your office that STI continues to seek the
amendment  of the cathodic protection monitoring mandate on the sti-P3* underground
storage tank to require a test at the time of installation... or if an excavation is disturbed
by construction or retrofit activity.

       The membership of STI looks forward to working with you on this issue.  Our
interest is the same as yours... the protection of human health and the environment
                                                         !
                                        Sincerely,               •  ,  ,
                                       John D. Barnes
                                       Manager of Government and Public Affairs
                                       Steel Tank Institute
                                                                          -   \
cc.    Elliott Laws, Assistant Administrator for Solid Waste and Emergency Response
       David Ziegele, Director, Office of Underground Storage Tanks

-------
                                             ENCLOSURE 2                    EPA 5TO-Z-93-003
  55066

- . Name . , ' . , , i - . '- ,
Gokfce's Texacb .... 	 «„..„« .
Iron S. Light. Inc 	 :.... 	 ..„ 	 '... , 	 ' 	
Jefferson Davis Par. School Board 	 	 	 	 .-„. """"
Jones Texaco Service 	 	 :.. 	 	 	 	 	 , '"" '
Lehigh Portland Cement Company 	 : 	 t - ............
Mohav* Rubber Company 	 	 	 	 : 	 '....
Petroleum Products, Inc 	 	 	 	 	 	 : 	 ; 	 	
Siders Texaco Station 	 	 	 ;.... '- • „. 	
Spreckles Sugar Co 	 	 	 	 	 ..............
SRO Paving, Inc 	 	 	 	 . . 	
Village of Oak Lawn 	 	 	 	 ; 	
Wythe County Public School 	 	 ....:...., 	 	 ..................


.Case No.
RF321-17189
RF272-87063
RF300-II8479
Hr272-87385
RF321 -16997
Hroi^iu203
RF272-86061
RF321-16945
nr321-16992
nroi^lUSflJK
HrZ/Z— 76151
RF272-«7483
RF272-87P59
   Copies of the full text of these
 decisions and orders are available in the
 Public Reference Room of the Office of
 Hearings and Appeals, room 1E-234,
 Forrestal Building. 1000 Independence
 Avenue. SW,, Washington. DC. 20585.
 Monday through Friday, between the
 hours of 1 p.m. and 5 p.m., except
 federal holidays. They are also available
 in Energy Management: Federal Energy
 Guidelines, a commercially published
 loose leaf reporter system.
   Dated: October 19,1993.              '
 Gmrge B. Breznay,
 Director. Office of Hearings and Appeals.
 IFR Doc. 93-26173 Filed 10-22-93; 8:45 am)
 MLUNO COM 1«M HE
 ENVIRONMENTAL PROTECTION
 AGENCY
 [FRL-4791-5]                   .

 Evaluation of the Potential for External
 Corrosion and Review of Cathodic
 Protection Monitoring Asaociatad With
 stKP3 Underground Storage Tanka
 Data Availability

 AGENCY: Environmental Protection
 Agency.
 ACTION: Notice of data availability.

 SUMMARY: The Environmental Protection
 Agency (EPA) is today publishing a
 notice of data availability regarding a
 report completed by Tillinghast, a
 Towers Perrin Company, on behalf of
 the Steel Tank Institute (STI). The
 Tillinghast report examine* the
 potential for external corrosion of sti-P3
 underground storage tanks (USTs) aa
 well as owners' and operators' corrosion
 monitoring practices for USTs. The
 Agency's current regulations for
 corrosion monitoring require periodic
 post-installation monitoring of
 cathodicaJly protected steel
 underground storage tanks. The Steel
Tank Institute approached EPA in 1992.
requesting it alter the mandated
monitoring frequency for cathodic
 protection monitoring of steel USTs.
 and specifically, USTs manufactured by
 STI members under the "sti-P3"
 specification. EPA responded by
 agreeing to consider data supplied by an
 independent, third-party examination of
 STI's initial findings, as part of an
 overall data collection process. This
 notice summarizes the methodology.
 findings, and conclusions of the study.
 EPA encourages public review and
 comment on the Tillinghast report, as it
 may be used in arriving at a final
 determination regarding STI's request
 for EPA to modify the current
 requirements for cathodic protection
 monitoring for steel  underground     '
 storage tanks.
 DATES: Written comments on this notice
 must be submitted on or before
 December 27.1993.    '
 ADDRESSES: Written  comments on
 today's supplemental notice should be
 addressed to the docket clerk at the
 following address: U.S. Environmental
 Protection Agency, RCRA Docket (OS-
 305). 401 M Street, SW., Washington.
 DC 20460. One original and two copies
 of comments should be sent and
 identified by regulatory docket reference
 number UST 2-9. The docket is open
 from 9 a.m. to 4 p.m., Monday through
 Friday, excluding Federal holidays.  -
 Docket materials may be reviewed by
 appointment by calling (202) 260-9327.
 Copies of docket materials may be made
 at no COSt, With a mayiimim of 100
 pages of material from any one
 regulatory docket. Additional copies are
 $0.15 per page. For a copy of the
 Tillinghast report, contact the EPA
 RCRA Docket
 FC« FURTHER MFORMATON CONTACT: For
 general information about this
 supplemental notice, contact the RCRA/
 Superfund/OUST Hotline, Office of
 Solid Waste and Emergency Response,
 U.S. Environmental Protection Agency
 Washington. DC 20460. (800) 424-9346
 (toll-free) or (703) 412-9810 (local). For
the hearing impaired, the number is
(800) 553-7672 (toll-free). For further
 information, contact Amy Hazeltine in
 the Office of Underground Storage
 Tanks at (703) 308-8898.
 SUPPLEMENTARY INFORMATION:
 L Background           ,

 A. Technical Requirements for
 Underground Storage Tanks
   Final regulations for Underground
 Storage Tanks (USTs) containing
 regulated substances were promulgated
 by the Agency in September and
 October, 1988 and became effective in
 December, 1988 and January. 1989. The
 regulations include technical
 requirements for new and existing
 underground storage tanks and piping,
 financial responsibility requirements for
 UST owners and operators, and state
 program approval requirements. In
 order to prevent releases, EPA included
 in the technical requirements four
 important categories of preventative
 measures: (1) Tank design and
 installation. (2) release detection. (3)
 corrosion protection, and (4) spill and
 overfill control. All UST systems
 installed after December 22.1988 must
 meet Federal requirements immediately.
 Owners of tank systems installed on or
 before that date have until December 22.
 1998 to either upgrade their tanks with
 corrosion protection and spill.and
 overfill devices, replace them with new
 tank systems, or close them in
 accordance with the regulatory         -
 requirements.        ,
 , According to a study conducted for
 EPA in 1987, corrosion of tanks and
 piping was a major cause of UST system
 releases. At that time, most installed
 USTs and piping were constructed of
 "bare steel"—steel without corrosion
 protection. When buried in the ground.
 steel without corrosion protection can
be destroyed by external corrosion.
 resulting in leaks. One type of corrosion
 protection is cathodic protection, which
 is a technique to prevent corrosion of a
surface by making that surface the
cathode of an electrochemical cell. For
UST systems, this can be done by
   14:35 CW 22.1993 V«O*» 1SOCT-83  JW1S02S7  PO 00000 Fm 00030  Fat 4703  SfcW 4703 fcVFBVFI*P2SOC3.PT1  p*mM

-------
                 Federal Register /  Vol.  58.  No. 204  /  Monday, October  25. 1993 / Notices           55067
applying either galvanic anodes or
impressed electric current.
  The UST regulations include
requirements for the operation and
maintenance of corrosion protection of
steel UST systems. As part of these
requirements, owners and operators of
steel UST systems equipped with
cathodic protection must ensure that all
cathodic protection systems are tested
within 6 months of installation and at
least every 3 years thereafter, or
according to another reasonable time
frame established by the implementing
agency.  See 40 CFR 280.31(b)(l). The
Preamble to the rule noted that, after
consultation with groups of industry
experts during the public comment
period, EPA now agrees with the
commenters who recommended that all
cathodic protection systems should be
tested at the same frequency and the
Agency  is now requiring in the final
rule that all cathodic protection systems
be tested within 6  months of installation
and at least every 3 years thereafter.
These intervals are sufficient to detect
any damage or failure of the system and
to tak«,remedial action in time to '
prevent structural  failures due to
corrosion. EPA understands that this
time interval is consistent with sound
practice as is now  recommended in the
recently revised NACE (National
Association of Corrosion Engineers)
code and by major tank manufacturers.
See 53 FR 37137.
5. Steel Tank Institute Request and
Study Report
  The Steel Tank Institute (STT) is a
trade organization comprised of steel
tank manufacturers. STI members
manufacture pra-«ngineered
underground storage tanks built to the
"sti-P3" specification, for storage of
liquids  at atmospheric pressure. Tanks
meeting the sti-P3 specification employ
three types of corrosion protection: (1)
Dielectric coating, (2) electrical
isolation, and (3) cathodic protection
through factory-installed anodes. More
than 200,000 sti-P3 tanks haw been
fabricated and placed in use since 1969.
the vast majority sine* 1985, and they
are commonly installed today.
   Single-wall sti-P3 tanks in service for
storage of Federally regulated
substance* ere covered by ta» cathodic
protection monitoring requirements
outlined above. Those tank owners who
installed »ti-P3 tanks in Federally
regulated service between late 1988 and
February of 1993 were eligible to enroll
in SITs "Watchdog" cathodic
protection monitoring service. The
Watchdog service, performed through
STI, provides cathodic protection
monitoring in compliance  with the EPA
requirements. Since February of 1993, a
simplified, user-friendly cathodic
protection monitoring test system with
a buried reference cell is installed with
new sti-P3 tanks subject to Federal UST
regulations. Those sti-P3 systems
installed prior to 1988 have been
operated without cathodic protection
monitoring in most cases.
  In the spring of 1992. STI requested
that EPA alter the frequency of cathodic
protection monitoring from the current
requirements, to monitoring within 6
months of installation and subsequently
only after any disturbance of the
excavation (e.g., retrofit of Stage II vapor
recovery systems). Periodic monitoring
would therefore not be required. STI
provided data on the performance of sti-
P3 tanks and on potential  costs for
cathodic protection monitoring of sti-P3
tanks in support of its request.
  STI and its members believe that the
mandated frequency for cathodic
'protection monitoring should be
changed for the following reasons:
  * The sti-P3 tank has a very good
performance record;
  * The much more frequent monthly
leak detection checks required by the
UST regulations supersede the need for
cathodic protection monitoring;
  • There is inequity in that thousands
of existing steel tanks without corrosion
protection, which are much more likely
to fail before phase-out in 1998, are not
subject to the cathodic protoction
monitoring requirement;
  *  Periodic tank deflection monitoring
for fiberglass-reinforced plastic (FRP)  „
tanks was not required in EPA's UST
regulations due to the low incidence of
failure in FRP tanks (less than 0.5
percent), and sti-P3 tanks have similarly
low failure rates;
   *  UST buyers consider cathodic
protection monitoring and the
associated recordkeeping required with
steel tanks to be an inconvenience, and
this affects buyers' choices among UST
technologies;
   • There is a high cost of compliance
to industry; and
   •  Regulatory enforcement efforts are
 directed at clean-ups and loak detection.
 not cathodic protection—an indicator
 that monitoring cathodic  protection is
 not an essential activity towards
 protecting human health and the
 environment
   The Agency took no regulatory action
 in response to STTs request and the
 supporting information. STI asked
 TUlingbast. an international risk
 management and actuarial consulting
 firm with experience in underground
 storage issues, to conduct an
 independent, third-parry  audit of STTs
 data. In May of 1993. STI provided the
Agency with a report prepared by
Tillinghast titled "Evaluation Of The
Potential For External Corrosion And
Review Of Cathodic Protection
Monitoring Associated With sti-P3
Underground Storage Tanks." An
abstract of the report follows.
  The pollution prevention components
of the UST regulations (including
corrosion protection) are very important
to the UST program. Therefore, the
Agency has decided to publish this
Notice of Data Availability and solicit
public comment on the report to ensure
a more complete understanding of the
issue at hand. This Notice includes
several questions to help guide public
discussion. The Agency is interested in
responses to any of the questions listed
below, and other issues the public may
identify, such as the costs/benefits of
the monitoring requirement itself.
H. Abstract
  In May 1993, Tillinghast completed a
study on behalf of the Steel Tank
Institute (STI) which surveyed tank
owners, tank installers, and regulators  to
identify any instances of failures of sti-
P3 tanks attributed to external corrosion
and to obtain experience information on
cathodic protection monitoring
practices. A summary of Tillinghast's
methodology, findings, and conclusions
follows.

Methodology
  Tillinghast telephone-surveyed
randomly selected sti-P3 underground
storage tank (UST) owners and tank
installers as well as Federal and State
UST regulators about the condition and
general maintenance of sti-P3 tanks.
These individuals, along with data from
the STI Watchdog program (a corrosion
monitoring program initiated by STI in
 1988 to assist tank owners in complying
with EPA corrosion monitoring
requirements) provided information on
the frequency, conditions, and other
aspects of the cathodic protection
monitoring practices for sti-P3 tanks. In
addition, the survey sought performance
 history on sti-P3 tanks which were not
 subject to cathodic protection testing.
Tillinghast also examined
 environmental  impairment, warranty.
 and product liability insurance claims
 from the Steel Tank Insurance Company
 (SnCO. a captive Insurance company
 formed by steel tank manufacturers).
   Tillinghaet selected a sample of
 owners and installers through STTa
 computer data  base containing over
 200.000 registered tanks. The sample
 covered the following nine states:
 Washington. Virginia. Vermont. South
 Dakota. Colorado. Florida. Texas.
 Missouri and Kentucky. The nine states
    14350322.1993 V«rO*» 18OCT-4S Jd 1SBS7 KOODOO Fnn00091 FM47U  SM4T03 E.AFWFMKSOClm (MM

-------
 55068
Federal Register / Vol. 58. No.  204 / Monday.  October 25. 1993 / Notices
 represented a variety of climates, tank
 environments, saturation periods, water
 tables, and soil conditions. Tillinghast's
 sample also included a variety of tank
' sizes (from 500 to 20.000 gallons) and
 contained petroleum marketers and
 non-marketers. Tillinghast examined the
 following registration periods: 1970-75,
 -1980-41..1985. and 1990. The examined
 registration periods began in 1970 when
 sti-P3 tanks first became well known to
 owners/operators and continue to the
 present.
,   Tillinghast successfully contacted 110
 owners with immediate supervision
 over 385 sti-P3 tanks and secondary
 responsibility for approximately 2500
 sti-P3 tanks at other locations. In
 addition, researchers contacted 37
 installers throughout the geographic
 sample who had experience in over
 5000 sti-P3 tank installations. Finally.
 Tillinghast contacted the  Environmental
 Protection Agency's ten Regional UST
 offices as well as each of the nine State
 UST regulatory offices included in the
 sample.
   Tillinghast obtained summary
 information on 103 environmental
 impairment and product liability
 insurance closed claims for sti-P3 tanks
 from STICO to identify any instances
 where payment was made due to a
 product release. Tillinghast also
 randomly selected eight of the 103
 claims to specifically review the "cause
 of incident" data.
 Findings
   Tillinghast identified findings related
 to the following areas: Testing of,
 cathodic protection systems, cathodic
 protection monitoring practices,
 environmental and product liability
 claims, and understanding of and
 compliance with EPA's technical
 requirements.
   Tillinghast's survey of tank owners
and installers covered over 8,000 sti-P3
 tanks.  Within the surveyed population,
 respondents reported three instances of
 sti-P3 tank external corrosion—one of
 which involved a product release. Of
 the regulators Tillinghast surveyed,
 those who had witnessed  the removal of
 sti-P3 tanks reported that the tanks and
 sacrificial anodes were in "excellent
 condition upon removal." Regulators
 did not provide information on the ages
 of the tanks that were considered to be
 in "excellent condition upon removal."
   Tillinghast reported that corrosion
 monitoring requirements (and the
technical basis for those requirements)
are not well understood by most tank
owners, installers, or regulators.
Furthermore. Tillinghast reported that
unless an sti-P3 owner/installer signed
up for STI's Watchdog.program.
                    cathodic: protection monitoring for sti-
                    P3 tanks installed since the
                    promulgation of EPA's technical
                    regulations was generally not being
                    performed, although some large sti-P3
                    tanks users did perform independent
                    testing.
                      Tillinghast's review of data from STI
                    and from owners' research indicated
                    that test variability can be high for
                    corrosion monitoring tests conducted on
                    any given site. Watchdog participants
                    and major oil companies (many of
                    whom conduct their own corrosion
                    monitoring) reported few readings less
                    than the 850 millivolt compliance point
                    for corrosion monitoring. Tillinghast
                    identified human error (in tank
                    installation or testing) as one cause for
                    obtaining disreputable corrosion
                    monitoring results. Unusually dry soil
                    conditions and other physical factors
                    also influenced the accuracy of cathodic
                    protection system testing.
                      Tillinghast,obtained data from
                    installers, tank owners, and major oil
                    companies on the annual cost of
                    corrosion monitoring. The data showed
                    the annual cost of corrosion monitoring
                    to range from $130 to $500 per location
                    (each location having an average of 3.2
                    tanks). The impact of these costs was
                    greatest on small, single location owners,
                    due to the necessity of hiring a
                    contractor to travel to the site to perform
                    the monitoring.
                      Tillinghast's investigation of STICO
                    limited warranty and environmental
                    and product liability insurance closed
                    claims revealed that most of the sti-P3
                    claims that entailed both administrative
                    and investigative costs involved
                    improper installation techniques or
                    errors in tank manufacturing
                    workmanship. Fifty-six of the 103
                    claims incurred administrative expense
                    but no claims costs or expenses, leaving
                    47 others which incurred some sort of
                    investigative cost (e.g., tightness test).
                    Only four of the 47 incidents in which
                    investigative cost was incurred actually
                    involved a claims payment. Tillinghast's
                    review of eight randomly chosen closed
                    claims for "causa of incident" data
                    demonstrated that a pattern of faulty
                    workmanship, bad installation, or a .
                    combination of both resulted in
                    corroded sti-P3 tanks. .

                    Conclusions
                      Tillinghast found no instances of
                    external corrosion of sti-P3 tanks that
                    had been properly fabricated,
                    transported, and installed. Of tha more
                    than 8000 sti-P3 tank installations
                    represented by owners and installers,
                    only three instances of external
                    corrosion were reported, a frequency of
                    0.04%, and only one  involved a product
release. Tillinghast did not. have enough
corrosion monitoring data to statistically
determine an optimum monitoring
frequency for cathodic protection.
Tillinghast's survey concluded that less
than 10% of the Watchdog participants
or major oil companies who maintain
their own corrosion monitoring .
programs and installed sti-P3 tanks in
1990, reported readings below the 850
millivolt compliance point for corrosion
monitoring. Finally, Watchdog
monitdring data from 1991,1992, and
the first quarter of 1993 indicate that
based on cathodic protection monitoring
readings, the number of sti-P3 tanks
with cathodic protection readings of
 - 850 millivolts or greater is increasing.
in. Public Comments
  EPA is interested in any comments
that the public may have on the content
of this report, and is especially
interested in any additional quantitative
data commenters may provide. In
particular, the Agency is interested in
receiving answers to the questions listed
below.
  * What data are available that
confirm or refute the report's findings
on corrosion protection of sti-P3 USTs?
In particular, have problems with
corrosion protection (such as external
corrosion) on sti-P3 tanks been
observed? If so, what were the numbers.
types, seventy, and impacts of these
problems? What were the ages of any
sti-P3 tanks with problems with
corrosion protection, and were these
problems caused during, before, or after
installation? What are the sti-P3 label
numbers, if available, for verification
purposes?           _
  * For any sti-P3 tanks observed to
have problems with corrosion
protection, including tanks and piping,
did cathodic protection monitoring
indicate a lack of protection? If so, when
was a lack of protection found—within
8 months of installation or during a later
test? If monitoring was not performed.
would it have indicated a lack of
protection if it had been done?
  •• What data are available addressing
the 'above issues for cathodically
protected steel USTs that are not sti-P3
USTs? If problems were observed, were
they observed with field installed or
with factory installed cathodic
protection systems?
  * What information is available
confirming or refuting the study's
representation of the costs and benefits
of cathodic protection monitoring of
UST systems?
  * How does the simplified.
permanently installed cathodic
protection monitoring system, now
installed with hew Federally regulated
                      1S-OCT-S3  JM 1502*7 PO 00000  FrmOOOS

-------
                  Federal Register / Vol. 58. No.  204 / Monday. October 25, 1993  /  Notices          55069
 sti-P3 tanks, change cathodic protection
 monitoring practices and its costs and
 benefits?
  * If the study were performed 10
 years later and again 20 years later.
 would the findings be expected to be the
 same? Why or why not?
  * What experiences or studies in
 other applications of cathodic
 protection may provide insights into the
 long-term performance of cathodic
 protection on USTs and the costs and
 benefits of cathodic protection
 monitoring?
 IV. Schedule for Final Determination
  After review and evaluation of the
 public comments on this notice. EPA
 will conduct internal deliberations to
 arrive at a final determination of the
 Agency's position on the required
 frequency of cathodic protection
 monitoring. The Agency plans to reach
 a determination within 120 days after
 the conclusion of the comment period.
 This determination may take the form of
 no action, guidance, changes to the
 technical regulations, or some other
 regulatory action.
  Dated: September 20.1993.
 Richard J. Guixaosd,
 Acting Assistant Administrator.
 |FR Doc. 93-26160 Filed 10-22-93; 8:45 am]
 MJJNO coot HM ia r
[Fm.-479»-8]

National Advisory Council for
Environmental Policy and Technology
of th« Policy Integration Project, Lead
Subcommittee; Meeting

AGENCY: Environmental Protection
Agency.
ACDOH: Notica.	

SUMMARY: Pursuant to the Federal
Advisory Committee Act (Pub. L. 92-
463) the Environmental Protection
Agency (EPA) gives notice of a meeting
of the Lead Subcommittee of the Policy
Integration Project of the National
Advisory Council for Environmental
Policy and Technology (NACEPT). The
Lead Subcommittee meeting will be
held on November 9th and will discuss
draft-working papers on selected topics,
which will be used as background for
the Subcommittee's Report The
Subcommittee will also receive a
briefing from * representative of the
Occupational  Safety and Health
Commission (OSHA) on recent policy
activities related to occupational lead
exposures. The Committee will also be
scheduling its next meeting, which  will
be held early in December, 1993. The
purpose of the December meeting will
be to discuss the draft report to be
presented to the EPA Administrator.
DATES: The Subcommittee will meet on
November 9,1993. The meeting will
start at 9 a.m. and  end at 4:30 p.m.
ADDRESSES: Hall of States, 444 North
Capitol Street, NW.. Washington. DC
20001-1572.
  The meeting is open to the public.
with limited seating available on a first-
come, first-served  basis.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert L. Hardaker, Designated Federal
Office. U.S. EPA. Office of Cooperative
Environmental Management, telephone
(202) 260-9741.
  Dated: October 20.1993.
Robert L. HinUker,
Designated Federal Official, NACEPT-Lead
Subcommittee.
|FR Doc. 93-26161 Filed 10-22-93; 8:45 am)
SCUNQ COM WiO-40-*l
FEDERAL COMMUNICATIONS
COMMISSION

Public Information Collections
Approved by Office of Management
and Budget

  The Federal Communications
Commission (FCC) has received Office
of Management and Budget (OMB)
approval for the following public
information collections pursuant to the
Paperwork Reduction Act of 1980, Pub.
L. 96-511. For further information
contact Shoko B. Hair, Federal
Communications Commission, (202)
632-6934.   .

Federal Communications Commission
OMB Control No.:  3060-0515
Title: Miscellaneous Common Carrier
  and Record Carrier Annual Letter
  Filing Requirement—Section 43.21(d)
Expiration Date: 09/30/95
Estimated Annual Burden: 33 total
  hours; 1.43 hours per response.
Description: Pursuant to 47 CFR
  43.21 (d) each miscellaneous common
  carrier with operating revenues over
  S100 million for a calendar year shall
  file with the Common Carrier Bureau
  Chief a letter showing its operating
  revenues for that year and the value
  of its total communications plant at
  the end of that year. Each record
  carrier with operating revenues over
  $75 million for a calendar year shall
  file a letter showing selected income
  statement and balance shnet items for
  that year with the Common Carrier
  Bureau Chief.  These letters must be
  filed by March 31 of the following
  year.
OMB Control No.:  3060-0470
Title: Computer III Remand Proceedings:
  Bell Operating Company Safeguards
  and Tier 1 Local Exchange Company
  Safeguards, (CC Docket No. 90-623)
  and Implementation of Further Cost
  Allocation Uniformity (MO&O).
Expiration Date: 07/31/95
Estimated Annual Burden: 27.000 total
  hours; 300 hours per response.
Description: Section 64.903 of the
  Commission's rules requires local
  exchange carriers with annual
  operating revenues of $100 million or
  more to file cost allocation manuals.
  The manuals are used by Commission
  staff to detect improper cross-
  subsidization. In the Memorandum
  Opinion and Order (MO&O) in AAD
  92-42, (released 7/1/93), the Acting
  Chief, Common Carrier Bureau under
  delegated authority  implemented cost
  allocation uniformity requirements.
  The MO&O clarifies distinction
  among apportionment methods;
  establishes a minimum number of
  cost pools for ten accounts;
  standardizes allocation procedures for
,  those accounts; disaggregates
  mandated cost pools into additional
  pools; and, sets implementation.
  Local exchange carriers are required
  to file a revised cost allocation
  manual by 11/1/93 pursuant to the
  requirements contained in the MO&O
  and in Responsible Accounting
  Officer Letter No. 19.
OMB Control No.: 3060-0400
Title: Tariff Review Plan
Expiration Date: 06/30/96
Estimated Annual Burden: 1.640 total
  hours; 40 hours per response.
Description: Certain local exchange
  carriers are required annually to
  submit a Tariff Review Plan in partial
  fulfillment of cost supported material
  required by 47 CFR part 61. The
  information is used  by FCC and the
  public to determine the justness and
  reasonableness of rates, terms and
  conditions in tariffs as required by the
  Communications Act of 1934, as
  amended.
OMB Control No.: 3060-0484
Title: Amendment of Part 63 of the
  Commission's Rules to Provide for
  Notification by Common Carriers of
  Service Disruptions (Section 63.100)
Expiration Date: 06/30/96
Estimated Annual Burden: 129 total
  hours; 2.3 hours per response.
Description: Section 63.100 of the
  Commission's rules  requires that local
  exchange and interexchange common
  carriers that operate either
  transmission or switching facilities
  file service disruption reports
  whenever telephone services
  provided by their networks are
   14,36 OdZZ. 1993 V«O*M 1S-OCT-03 Jkt 15Q2S7  PQ 00000 Fim 00033  F« 4703  SIM «703  E:\FRIFMIP2SOC3-PT1 (XmO4

-------
                                      ENCLOSURE. 3
                     SUMMARY OF COMMENTS AND EPA RESPONSES
              Notice of Data Availability in the fsdeiaj RjaflisiflL October 25, 1993
    n hl-rf* Af "£V rece**d "^
    pubhshed m the fs^raj flMJaXtt. October 25, 1 993.  In general, the commented*

    represent the manufacturers, distributors, and installers from the steel tank  petroleum

    era                  * C0mp°site tank industries: - A list of the comments is
      .    The comment summaries and EPA's responses are organized into seven sections

   The organization of the document is provided below..        •                sections.



   1 . -     General Support and Opposition to Changing the Cathodic Protection
          Monitoring Requirement   ;"  .'      -     '.   •             c>-i UH




                1.1.   Changing the Tank Design Standards and Associated
                      Monitoring  Requirements



     •;.,'.      1.2    Installation  Errors. Necessitate Monitoring     •-'•.      •• '        :



                      1.2.1 General Installation Error                   .   :

    ,                  1.2.2 Pre-engineered Cathodic Protection Systems and

                           Installation of Anodes               . -



     ;         1.3   Changing Site Conditions Necessitate Monitoring   ,


            ,   1.4   Specific Tank Data Provided



          ..."        1-4.1  Data  on Cathodic Protection Systems

                     1-4.2  Data  on sti-P3* Tanks



  2.     Validity of Tillinghast Report         '   s                     '         •



  3.     Inequality of Rules - Applicability to Other Tanks



  4.     Duplication of Leak Detection Requirements



  5.     Ease and Costs of Compliance



              5.1    Ease of Cathodic Protection Monitoring

              5.2   Cost of Cathodic Protection Testing


              5.3   Costs of Cathodic .Protection  Monitoring Systems Affects
                  -; Consumer Choices
                     c^hQ^^
                     Relax the Required Monitoring Frequency               '


             6.1    Enforcement of the Monitoring Requirement Would
                    Enhance Owners' and Operators' Ability to Comply
                    with the Requirement  >                   -' .. .
.7.     Miscellaneous Issues

-------
   1.     General Support or Opposition
                                           t                         . ,      ,-,--

         One commenter (Corrosion Associated, IncJ feels that the impetus for revising the
   current monitoring requirement has  been pressure from lobbyists who are trying to sell
   more steel tanks.  He cautions the Agency to get input on the matter from corrosion
   experts.  One commenter (Fiberglass Petroleum Tank & Piping Institute) implies that some
   of the impetus for the request to modify the monitoring requirement has been declining
   sales of sti-P3« tanks.  The commenter argues that the Agency should  not consider the
   Steel Tank Institute's request for elimination of cathodic protection  monitoring
   requirements because its mission is  to protect health and the environment, not to protect
   one product from competition.                                    •   .
  c  ,•* IA       commenters Corrosion Associates, Inc.; Association of State and Territorial
  Solid Waste Management Officials [ASTSWMOD noted that the sti-P3* tanks are still new
  ?MA^C ,     'eakS dUe t0 corrosion have no< b«en a big problem. Another commenter
  (NACE International) adds that its experience indicates that the average time between
  installation and failure of unprotected bare steel tanks is between eight and 1 2 years The
  commenter feels that it is possible that more sti-P3* tank failures will occur in the next
  few yearg. Another commenter (New York State Department of  Environmental
  Conservation) indicated that problems with bare steel tanks generally take 18 years to
 .become evident. The commenter suggested that sti-P3« tanks have not yet been time
 tested, and that problems with the tanks will very likely occur in .approximately 10 years
 One commenter (Marcel  Moreau Associates) noted that a proper  assessment of the tanks'
 performance cannot be made until the tanks have been in the ground for approximately 20
 years.  All of these commenters argued that continued monitoring is necessary until sti-
 P3" tanks have been time tested.

        One commenter (Fiberglass Petroleum Tank  & Pipe Institute) says that the
 Tillmgnast report does not say whether tanks will be able to resist corrosion over the 30-
 year tank design life.  Only 53 of the 384 tanks in the sample were over ten years old
 The commenter notes that even bare steel tanks generally do not: develop  corrosion
 failures for at least  10 years. The commenter therefore feels that the Tillinghast report
 does not prove anything.                                          ,

       Many commenters' stated that the Steel  Tank Institute gives a 30-year warranty
 on the sti-P3® tanks.  These  commenters felt that the length df  this  warranty indicates the
 soundness and dependability of the sti-P3® tank. However, another commenter (Xerxes
 Corporation) states that the Steel Tank Institute's 30 year guarantee is immaterial  to
 whether cathodic protection  should be monitored. This commenter  argues that the
 cathod.c protection system is on the tank to insure that the tank fulfills this service life
 and the monitoring is designed  to audit the functioning of the cathodic protection system
 Another commenter (Green Environmental & Corrosion, Inc.) states that from an
 engineering perspective, all engineered systems, .including all tank technologies, require
 monitoring.

       Another commenter (Fiberglass Petroleum Tank & Pipe Institute) provided copies of
six articles published in the last few years in Tank Talk, a Steel Tank Institute-published

-------
   newsletter about USTs.  Collectively, the articles show that the Steel Tank Institute has in
   tne past supported cathodic protection monitoring as an effective, inexpensive means of
   preventing leaks,  This commenter notes that many national standards support cathodic
   prptect.on monitoring.  The standards cited by .the commenter were: NACE International
   Canadian Council of  Ministers of the Environment, National Standard of Canada Petroleum
   Equipment institute,  American Petroleum Institute, National Fire Protection Association
   and t_he Uniform Fire Code. The commenter notes that there .are two significant areas in
   which the. Agency's requirements are more lenient than the majority of these standards
   First.- the Agency insists on monitoring of the cathodic protection system  within six
   months of installation.  However, six of the seven aforementioned standards suggest
   mon,  ormg at installation, while  API suggests monitoring six to 'twelve weeks after
   •nsta la ion.  Second  the Agency, is more lenient in its requirements for monitoring during
   the .hfetime of a tank: F.ve of the seven standards suggest  annual monitoring, while the
   Na  lonal Standard of  Canada suggests monitoring every two years. (Timing of post-
  installation mon.tor.ng requirements were not cited for the seventh  standard )  The
  commenter also notes that the U.S. Department of Transportation supports annual
  ™°'n        cath°dic protection systems used to; protect petroleum pipelines in this
                       ' •Fiber9laSS-Retr0leum Tank'& pipe Institute) ;also cites papers from

 ma:rtt         !xper^tresses that cathodic protection is inexpensive and easy to  -•
 m'uM JT-,   T    P°intS °Ut that beC3USe n° tankS °r Pipe coatina-s are Perf*ct, they
                    - ""* cathodic P^^ion.  This expert states that without adequate
                     P«tect.on may not continue to function.  Another expert reports that
       oa    m         °r 3 ca?odic P^tection system is necessary because the external
      coating may deteriorate or become damaged. ...     ;    , ..  '    '  '   ••   ,
                                 Petroleum Tank & ?** Institute) noted that the       •
                    coating on an sti-P3* tank, which is 30 mil thick, is much thinner than
  he ftberg ass coating on a steel-clad tank, and thinner than a fiberglass-reinforced^aS
 oro^am ar. ?hTJntef ^^^ that cathodic *"**<*<>" ^vices and a frequent monLing
 an ^^ ? £nfc       necessarV to ensur« '^9 term environmental protection when using
 conHHr?^0^6™6' (N°rthea^ Utilities Servjce Company) notes that his company
 conducts monthly tests of the rectifier (the device that powers impressed systems by
 ^rnT9 a  r^9 CUrrem t0 dif8Ct CUrrent) for ^P^ssed current cathodfcpT^ection
 Tht rnm   • >   aS annUa' teStS °f the entire SYStem for imP^ssed and galvanic systems  >
 The commented company operates many diverse types of equipment, including
 arntT^ate V 1°° UST SVStefnS- During the past f°^ -vears. the commenter has
 wpn/'  *aPSr°Kimately 5Q Cath°dic Pf0tection P^blems on all types of equpmem.
 twenty of which were associated with UST systems.  The commenter notes that all of the
 problems were identified during routine monthly or, annual inspections, but thatlhese
 problems would not have been identified under STI's proposal to decrease
requirement to at time of installation and after disturbance of the UST

-------
         Several commenters (Corrosion Control Specialists, Inc.; Owens-Corning Fiberglass
   Corporation; NACE International) stated that inspections of the cathodic protection system
   should be performed annually by a qualified corrosion engineer.

      ._   Several commenters (Pump Masters, Inc.; The Coen Company) suggested that,
   based on their experience with several sti-P3® tanks each, the monitoring interval should   >
   be extended.  One commenter (Pump Masters, Inc.) suggested that monitoring Be
   performed at 10-year intervals, while another (The Coen Company) suggested monitoring
   the cathodes every five or ,10 years in some soil conditions.

        One commenter (Chem Met, Ltd., P.C.) suggested that if the monitoring interval' is
  to be  extended, the present schedule should be maintained for the initial five  years, and
  then extended in individual  circumstances if experience shows that the system is being •'
  properly maintained and monitored.
                 f                                     ,                        ,
        Another commenter (Beth Anderson)  feels that requiring corrosion protection
  testing every three -years for tanks may be excessive, but feels that the  requirement for
  corrosion protection testing of steel piping should not be eliminated.  The commenter
  bases  this opinion on her own experience that pipes are often the cause of LIST releases
  and  on the fact that the Tillinghast report did not appear to include a consideration of steel
  piping.          ,                 •

        One commenter (New  York State Department of  Environmental Conservation) also
  indicated  that if sti-P3« tanks were exempted from the monitoring requirement, all
  cathodically protected tank and piping systems would have to be given the same
  exemption.  The commenter believes that an exemption  for only the sti-P3* tanks would
  make it diff.cult to determine which tanks and, piping systems required monitoring and
  which  did not.                      ,                                        •

        Several commenters (New York State Department of "Environmental Conservation-
 Letter to David  Z.egele.from Anonymous) .noted that anodes have a finite expected life
 span.  The commenters indicated that the cathodic protection system must be monitored
 to determine when the useful  life of the anode is over  so that the system can be upgraded
 to ensure continued protection of the tank.              , ,

        One commenter (Metal Products Company) feels that for years tank manufacturers
 have  known how to produce a reliable tank but have chosen not to  because consumers
 would not  buy such an expensive tank.  The commenter  feels that regulations  will lead
 people  to buy reliable tanks like the sti-P3« tank.

 Response
           Agency does not Question the general quality or the short-term integrity of sti-
 ? *?2™  However- the A9ency agrees with commenters who state that the populations
of sti-P3* tanks that were included in the Tillinghast report and those used in  UST systems
throughout the country are relatively young.  While many commenters noted that st/-P3*
tanks carry a 30-year warranty, because no sti-P3* tanks have yet been in use for 3O
years, the Agency takes the warranty as an indicator of predicted, rather than actual.

-------
  performance.  While corrosion is a complex process and age is not the sole factor in
   determining a tank's likelihood to fail due to external corrosion, the Agency agrees that
   age does play a role.  The Agency still believes what was stated in the preamble to-the '  "
   proposed UST technical rules, that generally  "f/Jn order to be effective, these corrosion
   protection systems must be inspected and maintained.  Corrosion protection systems can
   fail in a number of ways.  For example, coatings can deteriorate, wire leads to cathodic
  Protection can break, sacrificial anodes can be consumed; impressed current can be
  shorted or otherwise fail, adequate potential may hot be maintained." See 52 Fed Reg
   12706 (1987).  This reasoning supported the requirement for monitoring in the final
  technical rules promulgated in 1988, and the new information before the Agency does not
  lead it to question this finding. The Agency received no compelling data or arguments
  demonstrating that sf/-PJ« tank cathodic protection systems can be. shown with certainty
 • to. remain protected against both  short-  and long-term corrosion processes' if unmonitored
  and therefore that regular monitoring of cathodic protection systems is unnecessary.

        Regarding the comment cautioning the Agency to get input on the matter from
  corrosion experts, the Agency agrees that getting such input is wise,  and responds that
  this was one of the reasons for the Notice of Data Availability and request for comments
  Input- from corrosion experts was received and considered.  Many experienced         '
  professionals in the corrosion prevention and control community advoca te periodic
  momtonng of cathodic protection systems. In response to the comment arguing that the
  Agency should consider protection of health and the environment and not protection of
  one product,  the Agency responds that the Notice of Data A vailability and request for
  pubhc comments were intended in large part to gather information to see if the monitoring
 • requirements could be.relaxed without diminishing protection of human health and the
  environment. .  _    \                       '               •'•           ,       ,

        While the Agency agrees that any problems with si/,P3*> tanks are more likely to
  emerge after the population has aged several more years, the Agency  notes that
 -commenters. who stated that sti-P3* tanks will fail in increased numbers in the next few
  years or about 10 years after installation did not provide data supporting these comments.

        The Agency agrees with the commenter who noted that several industry and
 government standards for cathodic. protection monitoring  are more stringent than EPA's
 UST requ,rements. The Agency also, agrees with' this commenter that -corrosion experts
 nave advocated monitoring of cathodic protection systems.
       The Agency agrees with the. commenters whd suggested that regular monitoring of
 any UST corrosion protection system, including the st/-P3*> cathodic protect/on system is
 a sound engmeering practice.  The Agency acknowledges the comment noting that the
 dte/ectr,c coating on an sti-P3* tank is typically much thinner than, and different in
 composivon from, the fiberglass in both fiberglass tanks and fiberglass-clad steel tanks
 However, this comment, from a fiberglass-centered trade organization, does not provide
 information on the performance of this coating.            >

       Regarding the comments that monitoring of cathodic protection systems should be
performed annually an
-------
  requirements, the Tillinghast report, and the Notice of Data Availability; a request for
  strengthening requirements is outside the scope of the current discussion.  In any event,
  the Agency disagrees with these comments on two counts.  First, the Agency believes '.
  that the 3-year interval remains appropriate for the same reasons discussed in the
  preamble to 'the final technical rule,  which stated, :'the Agency is now requiring in the final
  rule that all cathodic protection systems be tested within 6 months of installation and at
  least every 3 years thereafter.   These intervals are sufficient  to detect any damage or
  failure of the system and to  take remedial action  in time to prevent structural failures due
  to corrosion." See 53 Fed. Reg. 37137 (1988).                         ,

        Second, the Agency still believes in the soundness of its decision not to require that
  cathodic protection monitoring be condutted solely by corrosion experts.  As discussed in
  the preamble to the final rule (see 58 Fed. Reg. 37136 (19881), in response to the
  Agency's proposal of such a requirement, some "commenters pointed out that the
  maintenance, operation, and inspection of an installed cathodic protection system could be
  performed by people who have much less training than a corrosion expert.  EPA agrees
  with these comments, recognizing that most of these inspections are  now being
  conducted by trained specialists." Comments received in response to this Notice of Data
  Availability present no data or arguments thai cause the Agency to question this decision.
  While the Agency agrees with the Tillinghast report's finding that variability in cathodic
 protection readings is reduced through the use of better protocols, the Agency believes
  that requiring that the  tester meet the definition of corrosion expert may lead to increased
 costs without increasing the protection of human health and the  environment.

        The Agency has examined commonly accepted industry standards for monitoring, of
 cathodic protection systems on underground storage tanks  and pipelines.   The Agency
 found that many nationally held standards are more stringent.  This lends further 'support
 to EPA's decision not to relax the current requirements.

        The Agency disagrees with suggestions of monitoring intervals  of five or 10 years
 instead of the current three years; these significantly longer intervals may allow steel tanks
 whose cathodic protection systems are not functioning properly to suffer external
 corrosion and leak.  The Agency notes that the pace of external corrosion is highly
 dependent on characteristics of the metal structure and also of the surrounding soil,  which
 vary widely.  The Agency also finds the suggestion of extending the monitoring schedule
 on a case-by-case basis based on past monitoring  non-persuasive.  This is because of the
 additional risk of external corrosion should the cathodic protection system not continue to
 function properly, and also because it would be difficult for  owners and operators and for
 regulatory personnel to keep track of the various individual schedules and to ascertain the
 compliance status of each tank.  Similarly, the Agency agrees with the commenter who
 believes that an exemption for only sti-P3*> tanks, versus all cathodically protected steel
 tanks, would make it difficult  to determine .which tanks required monitoring and which did
 not.

       Regarding the comment on cathodic protection monitoring  of steel piping, the
Agency agrees that pipes are often the source of UST releases, but notes that this is
outside the scope of both the  Tillinghast report and the Notice of Data  Availability.

-------
          The Agency agrees that anodes do have finite fife spans, and notes that life spans
   are highly dependent on particular site conditions. The Agency also agrees that the end.of
   anode life is one of the conditions that causes monitoring results to not meet the industry
   standard for verifying cathodic protection. Appropriate action to determine the cause or
   .causes of such non-compliant results should be taken.         .   .'-'.                '

         Based, in part on the.relative youth of the sti-P3* tank population' and the stricter
   requirements of several national standards, 'the Agency believes that the current
   requirement for monitoring of sti-P3* cathodic protection systems should not,be relaxed.


         1.1   Changing the Tank Design Standards and Associated Monitoring
               Requirements          .                                         ,       :

         One commenter (State of Missouri, Department of Natural Resources) feels that
   rather than defer  cathodic protection testing, a  more  appropriate approach might be to
   expand the rule to require periodic .testing of all types of tanks to ensure continued
   performance of critical design parameters within specifications on an annual basis.'This
   commenter suggests several  requirements, including-testing clad USTs to ensure electrical"
   isolation of the inner steel tank from,the surrounding  soil, periodic  diameter measurements
   of FRP tanks, and periodic testing of the inner coating of FRP  products.               •

        Another commenter (ASTSWMO) feels that monitoring  other tank systems, in
  addition to maintaining the current requirements, should be considered.          ',-

        • One commenter (K.CL Projects,  ltd.) stated that there is a risk of external corrosion
 ' with fiberglass-clad,steel tanks.  This,commenter indicated:that fractures occur when
  tanks are dropped or dented during installation,  or from stresses resulting from the       •
  differences in the  coefficients of  thermal expansion between steel and fiberglass.  This
  commenter did not, however, offer a recommendation for additional Agency action with
'  regard to these  tanks.           ;     .'.          •,       ' l

1 •        '      •'"•'.•      '     '   '  -    • •  •  '    •     '.   ;   • 's '' >   '' ''   '   '
        This commenter (KCL Projects Ltd.) alsb state'd that coated tanks approved  by
  Underwriters Laboratory,  such as "subject ,1 746" tanks, have never been required to meet
  the same strength or  corrosion-resistance standards as non-metallic underground tanks,
  and therefore cannot  be assumed to offer the same corrosion protection as non-metallic
  tanks'. This commenter argued that the Agency should require that every new UST meet
  UL standards for Class 16 tanks (nonmetallic units with secondary containment).

 Response                                       ''",'.'

        These comments are outside the scope of the Agency's request for comments In
 the Notice of Data Availability. The  Agency explicitly limited its request to the Tillinghast
 report and to external corrosion on cathodically protected steel tanks.
   ;                " ,    '     ,         ..•","-,  '•••- •     _   • •        '. ,   , • ,   I '     '• ; •
        In any event, the Agency currently does not have sufficient information to support
 a change in the monitoring requirements for other tank technologies at this  time.  The
 Agency does not agree that requiring every new UST to meet UL standards for Class 16

-------
  tanks (nonmetallic units with secondary containment) is necessary to guard against
  re/eases.

        New steel systems with ongoing corrosion protection, including cathodic protection,
  were allowed in EPA's technical rules because such systems have been shown ,to provide
  protection from galvanic corrosion, a major cause of failure in USTs.  None of the above
  comments cause the Agency to question the conclusions in the final technical rules.  The
  Agency believes that proper use and monitoring of cathodic protection  systems adequately
  protects human health and the environment.

        1.2   Installation Errors Necessitate Monitoring

              1.2.1 General Installation Errors.  Several commenters (KCL Projects Ltd.;
  Owens-Corning Fiberglass  Corporation)  argued that there is a risk of external corrosion
  with sti-P3* tanks.  They stated that there is no way to locate fractures in the external
  coating surrounding the steel tank. These fractures occur when tanks are dropped or
  dented during installation,  damaged during shipping, or damaged by improper backfill
  support or other improper installation methods.  Once the external coating has fractured, it
 can peel away from the steel, exposing  the steel to the  environment and increasing the
 likelihood  of external corrosion by creating an opportunity for accelerated point corrosion.
 Therefore, they concluded  that the sti-P3® tank design does not provide absolute
 protection against external corrosion, and that cathodic  protection systems should be used
 and monitoring  should be conducted regularly to ensure that the systems are working
 properly.                                            ,

       One commenter (Owens-Corning Fiberglass Corporation)  implied that monitoring  of
 cathodic protection systems should always be required.  The commenter noted, however,
 that if monitoring of the anodes was no longer to be required for sti-P3? tanks, the Agency
 should consider additional restrictions to ensure that the tank coating is not compromised
 prior to or  during installation.  The commenter proposed that the Agency require (1) spark
 testing at the jobsite to detect damage resulting from manufacturing defects and shipping,
 (2) the use of "self compacting" gravel backfill that will  keep the tank from slumping and
 cracking, and (3) integrity testing of the coating.

       One commenter (STICO [Steel Tank Insurance Company!) states that it knoWs of
 five external  corrosion failures of sti-P3« tanks, and that the tanks all shared the
 characteristics of improper  installation and a lack of monitoring.   STICO believes these
 failures would have been prevented by proper testing at  the time of installation.  This
 commenter believes that, if properly installed  and monitored, sti-P3® tanks provide long-
 term corrosion protection.

       Many  commenters (International Asso'ciation of Tank Testing Professionals; New
 York State Department of Environmental Conservation; ASTSWMO; Corrosion Associates,
 Inc.; State  of Michigan, Department of State Police; Letter to David Ziegele from
Anonymous;.STICO; Pump  Masters Inc.; Charles A. Frey; Brown-Minneapoli* Tank;
Highland Tank & Manufacturing Company #7;  Green Environmental & Corrosion Inc.;
Northeast Utilities Service Company)  stated that failures of sti-P3* tanks result from
improper installation practices that violate the integrity of the cathodic protection system,

                        •                 8              .    • ;  ."          '

-------
  and that damage/to the cathodic protection system is difficult or impossible to detect at
  installation.  One of these commenters (International Association of Tank Testing     •
  Professionals)'cited specific examples dfcompromise to the cathodic,protection system,
  including damage to, external dielectric coating materials; failure to remove protective
  covers from anodes; contacts with piping and other objects during installation;,and
  damage to anodes  or insulating bushings.  These'failures would be detected if proper
  installation practices and follow-up cathodic protection system monitoring were employed.

   .     One of these commenters (Highland Tank & Manufacturing Company #7) suggested
  that monitoring.at installation would avoid pptentially litigious situations in which the
  installation is complete and the owner must get the installer to correct what is now an
  expensive problem.  Sometimes the hassle of these situations leads the owner to ignore
  the problem.  Two of  these commenters (Pump  Masters,  Inc.; Brown-MinneapolisTank)  -
  suggested that the  cathodic protection system  be monitored at the time of installation and
  any time an excavation is disturbed by construction or retrofit activity, and another
.- commenter (Charles A. Frey) suggested monitoring  the  cathodic protection system within'
  six .weeks of installation. One commenter (Corrosion Associated, Inc.) stated that
  monitoring should be conducted one year after Installation.       ,                  •

        One of  these commenters (Northeast Utilities Service Company)  notes that even
,  when installations are performed properly, cathodic protection systems  are often damaged
  during backfilling and post-installation  work. The .commenter suggests that if the Agency
  removes the periodic monitoring requirement but requires  monitoring after installation, the
  cathodic protection  system  should be monitored after f.1)  backfilling, (2) application of final
  grade, and (3)  installation of all surface structures.        '                             ^

  Response                                                   s        '--'-'.

        The Agency agrees with commenters who note that problems can result and havis
 resulted from improper installation of sti-PS® tanks.  Information from many sources,
 including the jillinghast report, indicates that, although documented cases of sti-P3* tank
 failure due to external corrosion may be infrequent,  when  such failures occur they can
 usually be attributed to installation errors.  However, again because of the relative youth of
 sti-P3* tanks,  the Agency does not believe that this means that causes of external
 corrosion other than installation errors are not possible..  In addition, while problems due to
 installation errors may  be likely to be revealed soon after installation, if there are problems
 due to causes materializing after installation, they will come  to light later, because the
 causes occurred later.  This, together with the youth of sti-P39 tanks relative to their
 expected service life, leads the Agency to believe that the fact that most problems to date
are from installation  errors does not  mean that any problems in the future also will be.

       The Agency understands that some tank owners or installers perform cathodic
protection monitoring at installation.. The Agency believes that this is a sound engineering
practice that can be  of benefit to tank owners and, of course, one that meets the
requirements in EPA's regulation that systems be tested within six months of installation.
 The Agency believes its current requirement to monitor the cathodic protection system
within six months of installation is sufficient to detect a, lack of cathodic protection before
external corrosion causes premature failure. The Agency believes that the reasoning in the

-------
  Preamble to the final technical rule, at 53 Fed. Reg. 37137 (1988) remains sound, as it
  states "the Agency is now requiring in the final rule that all cathodic protection systems be
  tested within  6 months of installation and at least every 3 years thereafter.  These
  intervals are sufficient to detect any damage or failure of the system and to take remedial
  action in time to prevent structural failures due to corrosion."

        The Agency believes that cathodic protection monitoring performed at the current
  frequency is sufficient, and therefore does not need to be enhanced to require monitoring
  at installation.     •   .                              •                    .   :

               1.2.2  Pre-engineered Cathodic Protection Systems and Installation of
  Anodes.  Several commenters (Piping  and Corrosion Specialties Inc.; Chem  Met, Ltd., P.C.)
  state that a cathodic protection system must be designed for the actual conditions where
  it will be used in order to function  properly.  The standard, factory-installed  cathodic
  protection systems furnished by the Steel Tank Institute manufacturers are  not designed
  for specific job conditions.  The commenters feel that a standard design will not work in
  every location where it could be installed. One of these commenters (Chem Met, Ltd.,
  P.C.) feels that a longer monitoring interval .may not be acceptable in all such cases.

       Another commenter (Corrosion Control Specialist Inc.)'stated that he has tested
 many sti-P3® tanks that have pre-engineered cathodic protection systems.  According to
 this commenter, not one tank has been fully  cathodically protected without  needing to add
 anodes to the  pre-engineered system.  The commenter reports  that pre-engineered
 cathodic protection systems may not meet the specific conditions  at a site,  such as soil
 resistivity.  The commenter stated  that although the sti-P3® tank has an excellent coating
 system, the  failure to monitor for corrosion could eventually lead to a tank failure.

       Another commenter (Fiberglass Petroleum Tank & Pipe Institute) notes that the sti-
 P3® system is  manufactured and sold for  universal application.  The commenter notes that
 many corrosion engineers advocate a.corrosion survey of the tank  installation site before
 the cathodic protection system is installed in order to insure that the proper  anode and   '
 coating materials will be used.  The commenter cites the Underwriters Laboratories
 standard UL 1746 as evidence that Underwriters Laboratories recognizes that a standard
 pre-engineered cathodic protection  system should not be installed in all soil conditions.
 The commenter concludes by noting that  about half  of the soil in the United States is
 corrosive, having a 4.000 ohm-cm  reading, and implies that the standard sti-P3* tank can
 not successfully work in such soil.  Therefore, the commenter feels that the Agency
 should mandate a six-month monitoring interval for sti-P3® tanks in soil of 4,000 ohm-cm
 resistivity.

       One of these commenters (Piping and  Corrosion Specialties  Inc.) states that the
 Steel Tank Institute has never used National Association of Corrosion  Engineers
recommendations in the design, installation, and testing of their pre-engineered cathodic
protection systems.  The commenter notes that the life expectancies of cathodic
protection systems can vary from a few years to several years.  The commenter concludes
that periodic testing would be the only way to confirm that the  system is operating
properly.
                                         10

-------
         One commenter (Owens-Corning Fiberglass Corporation) submitted a report from
.'  Harco Technologies showing that sti-P3* tanks built in the last four years are made with'
  zinc anodes, which are weaker than magnesium anodes. The report notes that the zinc
  anodes are not field tested, and that much of the successful history of the sti-P.3* tank is
  based upon the performance of magnesium anodes in use on older models.

      . •  Several commenters .(State of Maryland, Maryland Department  of the Environment;
  Piping and Corrosion Specialties Inc.) noted that-sti-P3® tanks are generally constructed
  with anodes made of either zinc or magnesium.  These commenters expressed" concern
  that installation sites are rarely checked for soil resistivity, the main factor that determines
  which type of anode should be used on the iank. The commenters noted that when
  anodes are installed in an improper environment, they might  initially provide protection,'but
  shortly thereafter they may not be useful.   The commenters  provided the example of a
  magnesium anode that is installed in an environment with low soil'resistivity, an
  environment in which a zinc anode would be more appropriate.  The magnesium anode
  would be used up rapidly due to self-corrosion, leaving the tank unprotected.  The
  commenters also noted that zinc anodes in an environment with high soil resistivity will
  only provide adequate protection while the  coating surrounding the anode is present.
  Once the coating breaks down, the anode cannot supply protective current and the tank
  corrodes. The commenters concluded that cathodic protection testing  should be  continued
  to provide a warning when anodes cease to be;effective                 •

        One commenter (Corrosion Associates, Inc.) notes that almost all of the tanks that
  he has observed being installed have been equipped with zinc anodes and backfilled with
  clean sand or pea gravel, which are high resistivity media.  The commenter notes that
  some of these tanks lose protective potential after a few years, and he believes this is due
  to passivation ,of the zinc anode.  The cost  of excavation to prove that  this is the  case is
  prohibitive, so often additional magnesium anodes are drilled  in to raise the potential to
 protective levels.  The commenter feels that this  is an added  expense that would  not have
 been necessary had magnesium anodes been used in the first place.

 Response                                             .

        The Agency agrees that various combinations of-site conditions and anode materials
 exist at sti-P3*> installations and at installations of other tanks with factory installed
 cathodic protection systems.  The Agency agrees, with those  commenters who recommend
periodic cathodic protection monitoring  as the best way to measure protection against
 external corrosion at any site regardless of site conditions.  The Agency also notes, that
 efforts to determine the proper type of anode to use for particular site conditions,  such as
pre-installation corrosion surveys, have been performed at sti-P3* installations.

       With regard to the commenter who feels that the Agency should mandate a six-
month monitoring interval for sti-P3* tanks in soils of a certain resistivity, the Agency
notes that requests to increase the stringency of the monitoring requirement are outsid*
the scope of STI's request, the Tillinghast study, and the Notice of Data Availability. In
any event, the Agency disagrees with the commenter.  The Agency still holds the  beliefs
found in the Preamble to the final technical rule at 53 Fed. Reg. 37126  (1988),  which
reads, "EPA continues to believe that use of a single resistivity variable  is inadequats to
                                          11

-------
  measure the propensity to corrode. *  The Agency believes, as stated above, that the three
  year interval allows sufficient time to take remedial action in order to prevent failure.
                                        ' '                                           -s.
         The Agency acknowledges that the sti-P3* tank design for cathodic protection is a
  conservative one, intended to work in a wide variety of conditions.  However, the Agency
  agrees with commenters who report that anodes can be utilized that may not be
  appropriate for all specific site conditions. In addition, the anode selection and design
  specifications for factory installed cathodic protection systems that were riot
  manufactured to the sti-P39 specification are not known.

        Therefore, the Agency believes that variation in site conditions and the potential for
  the selection of inappropriate anodes for the cathodic protection system warrant periodic
  cathodic protection monitoring of sti-PS* tanks.  The Agency believes that this  requirement
  is equally appropriate for the less-understood, non-sti-P39 cathodically protected steel
  tanks as well.                          .      "

        1.3   Changing Site Conditions Necessitate Monitoring

        Another commenter (Government of the District of Columbia, Environmental
  Regulations Administration) noted that anodes corrode in the process of generating
  protective current.  Generally,  an adequately designed anode requires no monitoring in the
  early years of service, provided that the cathodic protection system is checked  at
 installation and there are no structural disturbances during  the course of its operation.  As
 the system gets older than  1 5 years, monitoring is advisable.  Another commenter
 {Electrochemical Devices, Inc.) also noted that where environmental conditions  are
 constant and cathodic protection is maintained, tank potentials will not vary for the life of
 the anode. This commenter felt that it might be acceptable.to relax the frequency of the
 monitoring requirement, although he felt that in general monitoring was a valuable practice
 and should be continued.      '

       Several commenters (Xerxes Corporation; NACE  International; Northeast Utilities
 Service Company; New York State Department of Environmental Conservation)  argued that
 changing site conditions justify frequent monitoring.  One of these Commenters  (Xerxes
 Corporation) states that underground conditions constantly change.  Corrosion rates rise
 and fall as water passes in and out of an area, and the addition of power lines, new
 buildings and underground piping near a tank location can create disturbances that damage
 cathodic protection systems.  This commenter stated that the typical owner may not be
 aware of these disturbances, or the damage that they may  cause to the corrosion system.
 The commenter believes that the frequency of the monitoring requirement ensures that
 any compromise in the protection system will be detected in a timely manner.

       Another commenter (NACE International) states that there are some specific
reasons to require periodic testing of the cathodic protection system. Those reasons  ara:
(1) changes in UST configuration; (2) electrical changes such as stray current/interference,
shorts to other structures, wires cut or damaged, and anodes consumed; (3) environmental
changes such as drainage, earthquakes, settlement, and pollution/contamination; and (4)
nearby effects such as new  construction and  utility changes or additions.
                                         12

-------
         One commenter (Northeast Utilities Service Company') notes that operators of
 :  facilities do not always inform parties that monitor cathodic protection systems that a tank
   has been disturbed so that they may initiate testing "after the disturbance.  Under the
   current regulatory schedule, problems of this nature are identified during the next cathodic
   protection monitoring.'  Without a periodic monitoring  requirement, problems caused by
  •disturbances  may go unnoticed and lead to-possible releases to the  environment.

         One, commenter (New York State Department of Environmental Conservation) noted
  that the Tillinghast report cites an incident of sti-P3® tank failure as a result of a massive
  stray current  that overpowered the anode. The commenter notes that although the
  Tillinghast report attributes most corrosion failures:tOr installation damage or excavation
  disturbances, in this case the report does not mention any excavation disturbance
  associated with the incident.  This commenter concluded that monitoring of the cathodic
  protection system would have detected the situation so the owner pr operator could have
  taken steps to protect the tank before it corroded and failed.

  Response

         The Agency believes that the likelihood of changing site, conditions surrounding  an
  UST,system warrants regular ca.thodic protection monitoring by the owner or  operator.
  Owners and operators may not be aware of every occasibn when the site conditions
 surrounding an UST, or a group of USTs, have been disturbed.  Site conditions, and their
 effects  on ah  underground structure's corrosion protection, change for many reasons.
  These include heavy rainfall that can increase soil moisture' and therefore the likelihood for
 external corrosion.  Also relevant are nearby construction activities that can disturb the
 soil, leading to accelerated corrosion due to less homogeneous tank  backfill.  Construction  •
, also can short circuit other metal structures to the tank.  In this case, anodes* as they
 protect  more exposed metal,  will not last as long as they would otherwise, potentially
 leading  to external corrosion where none would otherwise occur.   In addition,  electrical
 changes, such as stray currents from electrical utility lines or changes in nearby impressed
 current  cathodic protection systems, can render a cathodic protection system less
 effective.      -,    '••'".'                   ;     '          •

       If the owner or operator does not realize that conditions surrounding the USTs have
 changed, the US Ts can become more vulnerable to corrosion and the possibility of a leak.
 The Agency believes that owners or operators will know when some changes  occur,
 including most construction activity disturbing the backfill, but also believes that there are
 many opportunities for site conditions to change without the owner or operator realizing
 the change has taken place.  Furthermore, the Agency believes that,  without a schedule,
 some owners and operators will, even if they realize changes have taken place, not
 properly monitor the cathodic protection system to ensure it is still functioning properly.

       Because so many factors that can impact the cathodic protection system are
 beyond the control of and can occur without the knowledge of UST owners arid operators.
 it is not feasible to rely on owner and operator discretion to determine the appropriate
 intervals for monitoring a cathodic protection system.   The Agency bet/eves th*t the
 current monitoring frequency allows owners and operators to detect changes in the UST
 environment  that can compromise cathodic protection systems and to take timely and  <

                                      :  13  .  "     •••  •  '•"     ':•'-.- --'   •"'   ..: '

-------
 appropriate actions to protect those systems. Finally, the Agency believes it would be
 difficult for implementing agencies to monitor compliance with, and enforce, a requirement
 to monitor only after site conditions have changed due to construction or another
 disturbance of the tank excavation.                       '                           .-

        1.4   Specific Tank Data Provided

              1.4.1  Data on Cathodic Protection Systems.  Several commenters (Owens-
 Corning Fiberglass Corporation; Fiberglass Petroleum Tank & Pipe Institute) cited a study
 that was conducted from 1980 to 1983 by the PSG/Hinchman Company for Owens-
 Corning Fiberglass Corporation.  In this study, 76 sti-P3® tanks were tested in four states,
 and measurements were made relative to the well-established industry standard criterion
 of a negative  potential voltage of at least 0.85 volt (-0.85 volt), as measured between the
 structure and  a  saturated copper-copper sulfate half-cell contacting the soil.  The
 Hinchman Company found that although 63 (83%) of the 76 tanks* were adequately
 protected from external corrosion failures, eight (10%) tanks did not meet the selected
 criterion for cathodic protection because their insulating bushings were shorted, and five
 (7%) tanks did not meet the selected criterion for cathodic protection for unspecified
 reasons.  These commenters also cited a report (The Geyer Report) that documents the
 results of surveys conducted by the Steel Tank Institute during 1986.  Data  from this
 report indicate that 22%2 of 591  tanks surveyed and  tested did not meet the industry
 standard  -0.85 volt criterion, as required in National Association of Corrosion Engineers'
 Recommended Practice RP-02-85.

       Another commenter (State of Missouri, Department, of Natural Resources) reports
 that it has inspection records for 1,962 USTs. Six of these inspections specifically
 identified noncompliance with the corrosion protection'requirements.  Five of these six
 records covered facilities that are believed, based on registration data, to be  sti-P3® USTs.
 Five of these six records indicate that .the initial violation  was the  owner's or operator's
 failure to  test  the cathodic protection system. Three of the six records provide test results
 indicating ,that cathodic protection systems were not operating properly.      %        '

       Another commenter (State of Maryland, Maryland Department of the Environment)
 noted that several corrosion protection companies that test hundreds of tanks per year
 across the country report an almost 80% failure rate, of cathodic protection systems when
 checked against the  -0.85 volt criterion. (The commenter did not state whether the tanks
 examined were sti-P3* tanks.) This failure rate implies that most  cathodically protected
 tanks are not adequately protected against corrosion,  and that continued monitoring is the
 only way to detect likely problems with the tanks.

       Another commenter (Green Environmental  & Corrosion, Inc.) notes that her firm
tests a significant  number of cathodic protection systems every year.  Based on their
results, over 60%  of sti-P3® systems do not meet the criteria for cathodic  protection.  One
commenter (Letter to David Ziegele from Anonymous) notes that he is aware of single wall
sti-P3* tanks originally sold by his company and others that are not cathodically protected
and cannot pass a precision test.                                                   .
                                         14

-------
         Another commenter (Beth Anderson)'questions the reliability of sti-P3* tanks that
  have ;been in the ground for 20 years or more..  The commenter reports seeing significant
: ..depletion  on some cathodic protection systems (i.e., the anode) after 1 5 to 20 years of
  service. The commenter notes that in these instances there was no corrosion damage on
  the tank,  but that the.anodes had been replaced to provide better long-term protection.
  the commenter feels that failure to replace the anodesrwould have-put the tanks a't risk of
  corroding.   .    ,  ' •    >.           >      .   '..'•   '       , .     .'.'-'.
          "•*    /            '    •    • -        '.'„".*          - •

       '•  One'commenter (ASTSWMO) notes that the Tillinghast report says that less than
 -10% of the Watchdog participants of major oil companies who maintain their corrosion
  monitoring programs and installed sti-P3* tanks in 1 990 reported^ readings below the -0.85
  voJt criterion.••The commenter expresses concern that these tanks are  only three to four
  years old,  and that as many as one in ten are put of compliance with acceptable levels-for
  corrosion protection.  The commenter notes that, these substandard test levels may be due
  to factors  other than anode failure, but feels that periodic monitoring of the cathodic
  protection system woujd indicate the need for further investigation to determine the cause
  of the substandard readings.    ,     •

 -    '        1.4.2 Data on sti-P3® Tanks. Several commenters (Fargo. Tank  Company;
 Pump Masters lnc;; Highland Tank & Manufacturing Company # 13, #12, and  #10; E.E,
 Wine Inc.)  described their experiences with the removal and inspection of sti-P3® tanks.
 One of  these commenters (Fargo Tank Company) described four sti-P3* tanks  that had
 been in the ground for  more than six years. This commenter reported that the four tanks
 showed no internal or external corrosion, pitting or scratching.  Another commenter {Pump
 Masters, Inc.) described two sti-P3* tanks that had been in the ground  for 12 and 14
 years respectively. The exterior coatings on the tanks appeared to be in very  good . . •
 condition,,  with'no evidence of peeling or deterioration.  Several commenters (Highland
 Tank & Manufacturing  Company #13; Highland Tank & Manufacturing  Company #12)
 described the^eondition of several sti-P3* tanks removed after seven and ten years in the
 ground  by  saying that they looked like the day they were installed.  Another commenter
 (Highland Tank & Manufacturing  Company #10) described  the condition of an 8,000
 gallon, five-year-old sti-P3* tank.  The tank had some scratches --in its coating and a light
 gray film covering on the area of the scratches. The commenter said the gray  film was the
 action of the anodes working to protect the scratches and  therefore to  protect.against
 corrosion.  Another commenter (E.E. Wine, Inc.) excavated to the .top. of an sti-P3* tank
 that had been buried for seven years, and noted that the tank was in good condition.

       Several other commenters (James 8. Phillips Company, Inc.; Beaver Petroleum Co.
 Inc; Crawford Fuel and Oil; Bell Petroleum Ltd., Aviation Products Division; Fred's
 Plumbing and Heating #1; Fred's Plumbing and Heating #2; Sammy  L. Thorlup; Benit Fuel
 Sales & Service Inc.; Highland Tank & Manufacturing  Company #8; Alliance Oil Service    •
 Company;  Baird Petroleum Equipment Corporation; James Islintu) described sti-P3* tanks
 based on visual observation during removal. Although the commenters did not provide the
 ages of  the tanks, they reported that the tank? showed no  evidence of  corrosion, and that
 in some cases original labelling and stencilling  were still legible on the external tank
 surfaces.
                                          15

-------
         Many commenters3 stated that the sti-P3* tank is an extremely reliable tank.
   These commenters stated that based on their experience with installing or using sti-P3«
   tanks, they knew of few or no problems associated with the tanks. These commenters
   stated that of the more than 200,000 sti-P3« tanks that have been installed, there have
   been only seven reported failures.  One of these commenters (Highland Tank &
   Manufacturing Company #2) stated that although more than 200,000 sti-P3* tanks have
   been installed, he only knew of one reported product release from  an sti-P3® tank.    •

         One commenter (Brown-Minneapolis Tank) stated that the Tillinghast report
  mentions only two failures out of the 8,000 sti-P3® tanks included in its sample. The
  failures of these tanks were due  tp improper installation and not the tanks themselves

         One commenter (STICO) states that based upon actuarial assessments, the sti-P3«
  tank has the lowest insurance premium rate as a result of its comparatively low risk
  exposure  -- less than 1/10 of 1 % of all sti-P3« tanks fail.  He acknowledges that this low
  risk exposure is due largely to compliance with the cathodic protection monitoring
  requirement to monitor within six months of installation. 'He reports that he knows of five
  external corrosion failures of tanks, and that they all shared characteristics --improper
  installation  and a lack of monitoring  on the part of the owner operator  -- which he believes
  could have  been prevented by proper testing at the time of installation. He believes that
  sti-P3* tanks provide long-term corrosion protection.                    ,     .

        Another commenter (Green Environmental & Corrosion,  Inc.) notes that the Steel
  Tank Institute Watchdog Program was finding a large number of non-compliant cathodic
  protection readings.  According to the commenter, this  lowered owners' faith in the
  system, which in turn reduced the number of sti-P3* tanks sold.

 Response

        In response to concerns about internal corrosion, the Agency points, out that the
  Tillinghast report, like external cathodic protection systems,  addresses  only external
 corrosion. In addition, the Agency's information is that internal corrosion of steel tanks
 historically poses a much smaller risk of release than external corrosion.

        The Agency believes that commenters who cited the  Geyer Report as indicating
 that 22%  of 591 tanks surveyed and tested did not meet the -0.85 volt criterion
 misinterpreted the report's findings.  Tables 2 and 3 of the Geyer Report show a finding
 that 10 or 11%, not 22%, of the  universe of 591 tanks surveyed were below the -0 85
 volt protection criterion.

        The Agency notes that the -0.85 volt potential cathodic protection criterion is a
 conservative one that has been documented over many years as providing protection of
 steel in a wide variety of conditions.  Furthermore, the Agency is aware that site
 conditions such as extreme backfill dryness. which renders neither the tank nor the anodes
 cathodically active, can cause non-compliant readings.  Therefore, readings more positive
 than -O.85 volts do not necessarily indicate that a tank is corroding.   The Agency notes
 that several commenters provided data indicating that a significant fraction of cathodic
protection monitoring is not able to show that the systems monitored are, with certainty.

                                      .   16      '   •'.        '   . ' ,

-------
 meeting industry standards. However, the criterion is a well-established industry standard
 and its use is a -certain and efficient way to determine that a tank has cathodic protection'
 When cathodic protection.systems do hot meet this criterion, owners and operators should
 investigate the cause of the failure in order to be able to achieve the standard.  The
 Agency believes that the current cathodic protection  monitoring requirements of    •/
 monitoring within.six months of installation and at least every three years afterward are
 adequate and detect potential failures of cathodic protection systems.

       In response to comments on sti-P3* tanks,, the Agency acknowledges that many
 expenenced'professionals believe in their reliability. However/few commenters provided
data covering a large number of tanks.  These comments do not compel the Agency to
reduce the required frequency of cathodic protection monitoring, due largely to a lack of
adequate data and to  the youth of the population of sti-P3*> tanks relative to their exoected
useful life.    ;•'                              ;  .,                    .
                                       17

-------
  2.    Validity of Tilllnghast Report


        A commenter (State of Michigan, Department of State Police) states that the  .
  Tillinghast report is based on a sample that contains a disproportionate number of tanks
  that were installed after promulgation of the UST rules. This sample, therefore, does not
  provide sufficient data for identifying the ideal monitoring schedule.  The commenter feels,
  that without additional data, there is-not adequate evidence to support any change in the
  monitoring requirements.     '

        Several cdmmenters (Xerxes Corporation; Piping and Corrosion Specialties Inc.)
  believe that there  is no statistically reliable data  to either affirm or refute the Steel Tank
  Institute's assertion that the sti-P3® tank has a very good performance record.  One
  commenter (Xerxes Corporation) notes that much of the information in the report is based
  on anecdotal information provided by people who are not  aware of the limits of their
  knowledge. To be statistically valid, the survey  would need to have a broader population
  and look at tanks in different soil conditions and of  different ages. This commenter also
  notes that the survey is full of assumptions, uncertainties, and admissions of deficiencies.
  The other commenter (Piping and Corrosion Specialties Inc.) noted that some of the
  conclusions in the Tillinghast report are suspect.  Specifically, this commenter  notes that
  the report included only 110 owners who had direct knowledge of 385 tanks and
 secondary knowledge of 2,500 tanks, and  37 installers who had knowledge of 5,000
 tanks.  The report stated that the cathodrc protection requirements are not well
 understood by many owners, installers and regulators, and that monitoring of the cathodic
 protection system was generally not being  performed.  This commenter questions how
 Tillinghast therefore can conclude that sti-P3* tanks do not need to be monitored when, i
 many of those surveyed were not monitoring or  did not understand the. cathodic protection
 systems.

       Another commenter (Green Environmental &  Corrosion, Inc.) contends that the
 Tillinghast report is not authoritative. The commenter believes that the Tillinghast report is
 extremely limited  for the purpose of rewriting a federal regulation, and that significantly ;
 more information should be obtained.  The commenter further notes that the owners of the
 tanks surveyed were under the Steel Tank Institute Watchdog  Program, and, because they
 receive test results under the program, knew the condition of the cathodic protection
 systems prior to the survey. They would have been informed of the failure of the cathodic
 protection systems and would have taken preemptive  measures to avoid damage to their
 tanks.

       One commenter (Green Environmental & Corrosion, Inc.) stated that the small
 number of insurance claims  against STICO for  sti-P3® tank failures is not a valid indicator
 of the rate of sti-P3* tanks failures.  This commenter argued that the numbers would not
 be valid because many owners would first proceed to their respective state insurance
 funds for coverage in the event of a  failure and because in some cases STICO has refused
to honor claims made against it due to what it called contractor negligence.

      One commenter (Fiberglass Petroleum Tank & Pipe  Institute) says that the
Tillinghast  report is biased by geographic tank distribution.  For example, the sample did

                                         18

-------
  not include any tanks from the midwest (Region 5) and only  1,7% of the tanks selected
  were located in the northeast (Regions 1  & 2).  the majority of, the tanks in the sample-  ''
  (50.9%) were located in EPA Regions 6, 7 & 8. "The commenter further noted that the
  geographic areas chosen for  the sample,are not known to be areas where corrosive soils
  ' and stray currents  are typically found in UST settings.  The commenter argued that a
  representative,.sample should have included such states as Ohio where cathodic protection
  'has been problematic due to  low soil resistivity and New Jersey where most USTs are
  installed in urban settings subject to stray currents.''In  sum, the commenter feels that the
  Tillinghast. report sample selection is biased towards sti-'P3® tank locations in the most
  favorable soil conditions.  The commenter notes, however, that even in these favorable
  settings the Tillinghast report shows an unacceptable level of cathodic protection  for many'
  sti-P3« tanks.  •  --             •      •••'.,.'     ...    .     .

        This commenter (Fiberglass Petroleum Tank & Pipe Institute) also stated that the
  Tillinghast contacts were not appropriate  because they could  only produce anecdotal
  information.  This commenter argues that interviewing 'installers was inappropriate because
  it  was in. the .installers' best interest not to identify problems with  their installations, 'The
  commenter further  noted that only 11 of the 37 installers interviewed had experience with
  sti.-PS® tank removals. This commenter .also questions the validity of interviews with .'•
  major oil company representatives.  Although' not identified in the  Tillinghast report, this
  commenter believes these major oil companies had to be Exxon, Chevron, Shell, Texaco,
  Mobil and ARCO. This, commenter noted  that these companies are all FRP tank users and
  have only incidental experience with sti-P3* tanks.  The commenter indicated that while
  Amoco could also have provided comments, this company has discontinued the use of sti-
  P3« tanks and therefore  the commenter believes that Tillinghast would not.have
  interviewed them for this report. Finally, this commenter noted that the only other
  company that could have been included is Marathon, which is owned by USX, a steel
  producer.  This commenter argued that Marathon's comments would therefore  be  biased in
 .favor of sti-P3® tanks.                :   ."'';---'
'"         '           '         '         ' - -   .       '     .' "      .       ''/•••.-
        One commenter (Letter to David Ziegele from Anonymous)  feels that the only way
 to  know the truth about sti-P3« tanks is to depose every sti-P3« tank manufacturer under
 oath and survey every owner  of a cathodically protected, UST.,

 Response

        The Agency acknowledges the comments regarding the validity of the Tillinghast
 Report.  In its decisionmakihg  process, the Agency has evaluated and considered the data
 and information presented in that report and another information submitted to the  docket
 as  of the end of January,  1994, on their own merits.                             "

       The Agency notes that the Tillinghast report is the most comprehensive of its kind
 to date, and includes Both 'hard" data, such as that from the Steel Tank Insurance
 Company {STICOi, as well as  "soft" data, such as estimates from installers and regulators.
 The Agency agrees with the comment that the report Is tesed on a sample that contains a
disproportionate number of tanks that were installed after promulgation of the UST rules in
 1988.   This may well be because the vast majority of sti-P3* tanks have been installed
since 1985. making  older sti-P3* tanks and information about them rare.  The Agency
                •       •  • •           . '     ' --.             .-"""•     "       t " -
   '  "     ••'••;•   ••' -• -  '•           -19    •   ''...' ;  •"'     .   /'   '    .  '• •

-------
  further agrees with this commenter that without such data, there is not adequate evidence
  to support any change in the monitoring frequency requirement.  The Agency notes that
  data of this nature may not be available for several years, due 'to the youth of installed sti-
  P39 tanks relative to their expected service life and relative to their current warranty period
  of 30 years.  Even though age is by no means the sole indicator of tank integrity,  corrosion
  is progressive and the Agency believes that the  fact that relatively few older tanks were
  surveyed skews the applicability of the report's  findings to the subject of ST/'s request.

        The Agency  acknowledges the report's findings that there have been very few
  recorded failures of sti-P39 tanks, but acknowledges the commenters who stated that no
  statistically reliable  data was included to affirm the claim that the sti-P39 tank has a very
  good performance record to  date.  The Agency again notes the lack of data from older sti-
  P39 tanks.                             ,

        The Agency agrees with the comment noting that much of the information in the
  report is anecdotal,  and that many of the people providing the information appear to have
  little technical knowledge of cathodic protection. The Agency believes that the findings
  obtained from these sources are therefore less persuasive  than if respondents
  demonstrated a high level of technical competence.  The Agency agrees with the comment
  that the report does have definite limitations, some of  which are stated in the report itself:
 For example, the report notes that the actual numbers  of tanks owned or installed by
 survey participants could be  50% higher or lower; thus, Tillinghast rightfully could not
 state with reasonable certainty that all instances of external corrosion of sti-P39 tanks
  were identified, and also could not state with  certainty that the instances that were
 identified involved sti-P3* tanks.

        The Agency also agrees with one commenter that the report noted that cathodic
 protection monitoring is frequently not performed, and therefore any conclusion that sti-
 P39 tanks do not need to be monitored is questionable.  Furthermore, the Agency agrees
 with this commenter that the tank owners surveyed in  the Tillinghast report that were
 covered by STl's Watchdog program are more likely to  knpw the condition of their
 cathodic protection systems and to have taken remedial steps in the event of
 noncompliant readings.  Finally,  EPA believes that this commenter's assertion that the
 number of claims against STICO is not a valid indicator of sti-P39 failures is plausible,
 partly because a large majority of states have funds available for addressing leaks.  The
 Agency cannot speak to the comment regarding honoring claims and alleged contractor
 negligence.

       The Agency acknowledges one commenter's claim of geographical bias, and agrees
 with this commenter that the Tillinghast report shows that several percent of sti-P3* tanks
 tested are not shown to meet industry  standards for cathodic protection.  Regarding the
interviews of installers, the Agency agrees with this commenter that the report shows  only
 11  out of 37 installers interviewed had experience with sti-P3* removals, and believes  that
information on tank condition at removal is very important  with regard to external
corrosion.

       The Agency agrees with commenters that some  of the sources of information in the
 Tillinghast report are not financially independent of the success of sti-P3* tanks, but also

                                         20                 ' .          ,   •

-------
 notes that this is true of several of the commenters.  The Agency has taken into
 consideration the apparent interests of those providing information as appropriate

       In response to the anonymous commenter. who felt that the only way to know the
 truth about st/-P39 tanks was to depose all sti-P3* manufacturers under oath and survey '
 all owners of cathodically protected tanks., the Agency believes that such activities would
 be very resource intensive and impractical. However, the Agency acknowledges that the
 more respondents are surveyed, the greater the level of confidence in the responses, and
.notes  that the Tillinghast findings 'are based on surveys of only a small fraction of the
 installed sti-PS9 tanks.           ' .   '        .          ^            .          '

       The Agency acknowledges the report's findings;  that almost eight percent of tanks
 in the  Watchdog program in recent years were not shown to be protected for one .reason
 or another, though cathodic protection monitoring results are reported to be improving.
 The Agency also acknowledges the report's finding that, unless a tank is in the Watchdog
program or maintained by a major oil company, cathodic protection monitoring is generally
not being performed.  The Agency also acknowledges that assessing the frequency of   •
cathodic protection testing was not the primary purpose of the report,  and that Tillinghast
states  that it did not obtain, enough  corrosion monitoring data to statistically determine an
optimum monitoring frequency.

       Consideration of the Tillinghast report and comments regarding it lead the Agency
to believe that routine cathodic protection  monitoring is necessary in determining whether
or not steel tanks are protected from external corrosion, and should still be required.
                                        21

-------
  3.    Inequality of Rules - Applicability to Other Tanks
        Several commenters (Highland Tank & Manufacturing Company #2, Ten Hoeve
  Brothers, Inc. #1) argue that the monitoring requirement is inappropriate because it is not
  placed on bare steel tanks and other technologies that are allegedly less proven than the
  sti-P3® tank.                                                 '     •     -,-

        Several commenters (Xerxes Corporation; Marcel Moreau Associates;  State of  •
  Michigan, Department of State Police) argue that the cathodic protection monitoring
  requirement is not inconsistent with the phase-in schedule for existing UST systems. One
  of these  commenters (Marcel Moreau Associates) states that the fact that sti-P3« tanks
  require cathodic protection monitoring and others do not should not be viewed as unfair.
  Rather, the fact that different requirements apply to different tanks should be accepted as
  part of the overall regulatory strategy used to ensure the safety of all  UST systems by
  1998. The commenter adds that sti-P3® tank distributors,could use this argument as a
  selling point, promoting their tanks as better protected from leaks than are brands that do
  not have to adhere to the  monitoring requirements.  Another of these  commenters (State
  of Michigan, Department of State Police) notes that the cathodic protection requirement
  for steel  tanks is not indicative of a bias toward unprotected steel tanks.  Rather, the 1998
  phase-in  of tank upgrade requirements is intended to minimize the financial burden on the
 regulated community for costs associated with upgrading UST systems The other
 commenter (Xerxes Corporation)  stated that although the requirements appear to be
 inequitable with older non-protected tanks, the commenter argues that the customer is
 paying for a better product when he buys a cathodically protected steel tank.

       Several commenters (Xerxes Corporation;  Marcel Moreau Associates; State of
 Michigan, Department of State Police) argue that,because periodic monitoring of fiberglass
 tank diameters is not required is not a valid reason for eliminating the cathodic protection
 monitoring requirement for steel tanks. The commenters contend that the two types of
 tanks fail in different ways.  Thus, requirements that may be appropriate for steel tanks
 may  not be appropriate for fiberglass  tanks. Another commenter (State of Michigan,
 Department of State Police) argues that, although the absence of tank deflection
 monitoring requirements for fiberglass-reinforced-plastic tanks supports a lack of tank
 deflection monitoring requirements for stee! tanks, the absence of such a requirement does
 not justify eliminating the cathodic protection monitoring requirements for steel tanks.

 Response

       While it is true that  cathodic protection monitoring is  not required on bare steel
 tanks prior to December 22,  1998, this fact does not warrant relaxation of the
 requirements for cathodically protected steel tanks.  The Agency believes that the
 discrepancy in requirements is appropriate.  It would have been most environmentally
protective to require immediate upgrading of bare steel tanks.  However, the Agency still
supports its original decision, made when the technical rule was promulgated in  1988, to
allow owners of bare steel tanks until  1998 to meet these requirements. This decision
 was based on the Agency's conclusion that a shorter compliance period was not feasible,
given the  diverse nature and large size of the regulated UST  community. Because periodic

                                     :. "  22        '       ' .     •    '       '   :

-------
  cathodic protection monitoring of steel tanks that do not even have cathodic protection
  serves no purpose, and because, as stated elsewhere, cathodic protection monitoring is
  neither difficult nor expensive', the Agency believes that applying, different standards is
  reasonable. .Meanwhile, it is important for cathodically protected tanks to be monitored, to
  ensure that they are indeed protected, and to ensure that they do not add to the threat'
  posed by existing bare steel tanks.  The Agency also notes'that bare steel tanks must be
  replaced or upgraded by December 22. 1998.  Either of these tasks costs thousands of
  dollars.  By contrast,  tanks with pre-engineered cathodic protection monitoring systems
  land spill and overfill equipment! need not be upgraded or replaced.

        Although the Agency defined a ten year compliance period for upgrading existing
.  bars steel tank systems, it continues to be concerned about their potential impact on
  human  health and the environment. The Agency notes that it and many state UST     -  "
  programs have encouraged owners and operators to upgrade their existing tank systems
  before the 1998 deadline and have seen some progress toward that end. Compliance with
  the monitoring requirements for those upgraded or replaced systems has greatly reduced
  the incidence of corrosion failure in steel tanks.  Given the complex nature and size of the
  regulated community, the Agency believes that this combination of requirements has
 provided the greatest protection of human health and the environment.

       In response to concerns about the inequality of'the rule because it does not apply
 to fiberglass tanks,  the Agency believes that  tank wall deflection in fiberglass tanks is a
 fundamentally different physical phenomenon than external corrosion of steel, tanks,  both
 m its. nature and in its likelihood to pose a threat to tank integrity over the long term  The
 materials used to construct different typeS-of tanks vary and the Agency, in the technical
 standards promulgated in 1988, initially determined specific testing methods and
 frequency based on the risk posed by those materials.  The Agency concedes that coated
 cathodically protected steel tanks meeting the UST regulations pose orders of magnitude '
 less nsk of failure due to external corrosion than unprotected steel tanks. Nevertheless.
 the fact remains that steel, if its protection is compromised, 'is subject to long-term
progressive deterioration by way of corrosion in a way that fiberglass-reinforced plastic is
not.  In the preamble to the proposed technical rule. The Agency noted that corrosion was
 the major cause of leaks from unprotected steel UST systems.  See 52 Fed. fteg. 12666
 (1987).  The Agency believes that monitoring cathodic protection systems is necessary to
ensure that cathodically protected steel systems remain protected, and that they do not in
the future pose risks to human health and the environment similar to those the Agency
found in the past. In addition, the Agency currently does not have information indicating
that fiberglass tanks pose particular risks of failure over the long term or that imposing
periodic monitoring of fiberglass tanks, such as deflection monitoring, would reduce risks
to human health and the environment.  Therefore* the Agency agrees with commenters
who argued that the lack of monitoring of deflection in  fiberglass  tanks is not a valid  -
reason to eliminate or reduce the monitoring requirement on steel tanks.
                                        23

-------
  4.    Duplication of Leak Detection Requirements


        Several commenters4 indicated that when properly used or installed, inventory
  control techniques and leak detection monitors provide notice  of tank system failure and
  effectively reduce chances for spills of any consequence.  These commenters stated that
  the cathodic protection monitoring requirement is redundant in light of these other
  requirements.

        Several commenters (ASTSWMO; Marcel Moreau Associates; NACE International;
  State of Michigan, Department of State Police; Green Environmental & Corrosion! Inc.;
  State of Missouri, Department of Natural Resources), however, noted that leak detection
  monitoring and cathodic protection monitoring do not serve the same purpose.  Leak
  detection  monitoring provides notice  of releases and environmental damage. Cathodic
  protection monitoring works as a means of leak prevention by  providing notice  of potential
 corrosion  which could lead to leaks.  These commenters,  therefore, disagreed that the two
 systems are redundant, and argued that leak detection monitoring does not supersede the
 need for cathodic protection monitoring.

        One of these commenters (ASTSWMO) noted  that more resources are currently
 directed toward clean-up than to preventive measures.  However, the commenter feels
 that the Agency's approach to the problem of leaking USTs is essentially correct as it
 addresses  both ends  of the tank problem -- using resources as  needed to respond to leaks :
 while developing  requirements that focus on prevention.

 Response                                                        ,

        The Agency believes the current cathodic protection system monitoring
requirements do not duplicate  the leak detection requirements.  Leak detection systems are
designed to inform owners and operators when a leak in the UST system has a/ready
occurred.  By contrast, cathodic protection systems are designed to prevent damage to
USTs by warning owners and operators that their UST system or piping is no longer
adequately protected and has become vulnerable to corrosion.  Cathodic protection
systems and the requirements for monitoring them are designed to reduce the likelihood
that any release will occur and to prevent pollution; leak detection systems help to reduce
the likelihood that a leak from an UST system will become significant, but are not designed
to reduce the likelihood of a leak.
                                        24

-------
  5.     Ease and Costs of Compliance
        5.1   Ease of Cathodic Protection Monitoring

       . One commenter (New York State Department of Environmental Conservation)
  indicated  that it is easy'to monitor cathodic protection systems.  The commenter noted  '
  that once a system  has been properly installed that provides access to the soil above the
  tank, the major problem to be expected is low soil moisture content.  This condition, can
  lead to incorrect or incomplete readings. The commenter suggested that  this could be
  corrected  by adding water to the soil and taking the reading again.

        Another  commenter (State of Missouri, Department of Natural Resources) noted
  that the problem with the current monitoring requirement is that the specified frequency
  differs from the frequency of other actions required under UST rules,  this makes the
  requirement difficult to remember. Another commenter (Chem Met, Ltd.,  P.C.) notes that
  often there is a  tendency to forget to monitor the cathodic protection system. The
  commenter feels that this tendency will become more prevalent if the monitoring schedule
 ,rs extended.-._/. ,    •  '     ,   ."         /-            .               ,    ,   '••'..'

       Another commenter (New York State Department of Environmental Conservation)
 noted that the Tillinghast report  states that many owners and installers do not understand
 the technical basis for cathodic protection.  The commenter responded that a lack of
• education  should not be a reason for eliminating, the monitoring requirement.  The
 commenter proposed that more education is needed whelp people  understand why tanks
•.are protected  and how to determine  if protection is adequate. One  comme'nter (Xerxes
 Corporation) notes that the Tillinghast report mentions the need for  additional training  for
 installers and customers.                .   '                .            .     ;
         - , '  v '   '    ,      .         "   - ' '<      .   ,            '      '     ","''-.''

      - A commenter (Piping and Corrosion Specialties Incj states that incorrect  testing
 procedures could lead to inaccurate readings when the cathodic protection system is being
^monitored. The commenter worries that inaccurate readings may be obtained because the
 Steel Tank Institute does hot have a  technical report form which specifies the required
 location of the test electrode so that  it will be in a proper location to avoid direct influence
 of the anodes on the test reading.                  .                ,

             5.2    Cost of Cathodic Protection Testing

       One commenter (Fargo Tank Company) -noted that tank owners must ,hire a  testing
 agency at extra cost to test the cathodic protection system, an unnecessarily expensive
 burden. ,                      • • '     .         .    - • "

       Several commenters (Cayuga Onondaga, Board of Cooperative Services; Owens-
 Corning Fiberglass Corporation; Green Environmental & Corrosion, Inc.) disagreed and
 stated that the actual costs of testing are minimal; One commenter (Cayuga Onondaga,
 Board of Cooperative Services) indicated that the cost of testing is approximately, $95 per
 year.  This commenter indicated  that  commercially available hand-held test meters  cost'
 $150-$200. The commenter noted that the time required to test  either tank or piping  is

-------
 less than five minutes if test leads are available, 10-15 minutes each if a test probe or wire
 must be touched to the bottom of the tank. The commenter assumed that the cost for a
 laborer to inspect the tanks would be $20 per.hour. The commenter thas calculated a
 cost of  $95 per year for annual testing of a six-tank facility.

       Another commenter (Owens-Corning Fiberglass Corporation) cite.J a report-entitled
 "UST System Installation and Maintenance" by  Wayne B. Geyer.  The report notes that
 testing can be done with a simple and inexpensive  vdltmeter and  requires only five minutes
 every three years.                                       '   •     ,                    •

       Another commenter (Green Environmental & Corrosion, Inc.) reports that her firm
 tests over 300 sti-P3* tank sites per year.  Her  firm charges $200 per location, but has
 charged as little as $150 per location for clients with multiple sites.  The commenter is
 aware of other firms that charge as little as $95 per location, which translates into an
 annual cost of $32 to $67 per location.

       Another commenter (Northeast Utilities Service  Company)  states  that the  annual  •
 cost of cathodic protection monitoring is  between $130 and $500. The commenter
 further states that in the past four years his company has experienced 27 releases, costing
 a total of over  $4 million, an average of $1 50,000  per  release.  The commenter concludes
 that the  cost/benefits analysis suggests that cathodic protection monitoring should be
 retained  in some form. Two other commenters  (Piping & Corrosion Specialties Inc.;
 ASTSWMO) report that the current monitoring requirement is a very inexpensive  and cost-
 effective policy to prevent tank  leaks and the  high cost of remediating those leaks.

       5.3   Costs of Cathodic Protection Monitoring Systems Affects Consumer Choices

       One commenter (Brown-Minneapolis  Tank) states that it will cost  the industry •
 billions of dollars to monitor  sti-P3® tanks. Furthermore, the cost  of monitoring an sti-P3®
 tank places this technology at an unfair disadvantage with other technologies that do not
 have a monitoring requirement, some of which have higher failure rates than sti-P3*  <
 tanks.5

       Several commenters8 indicate that when  they inform their customers of the
 monitoring requirement for sti-P3® tanks,  the customers choose other tanks -- including
 those that use experimental technologies  with uriproven track records --  because they do
 not want the burden of complying with the monitoring requirement. One commenter
 (Highland Tank & Manufacturing Company #3) reported that in order  to remain
 competitive, his company is being forced to sell  products without  the proven cathodic
 protection system, a technology that most customers would prefer to have but are
 unwilling to purchase because of the monitoring  requirement.

       Another commenter (Highland Tank & Manufacturing Company #7) states that th«
regulations hurt sales of sti-P3c tanks because competitors have waged a marketing
campaign stressing concern about the safety of  sti-P3* tanks and  implying that such
concerns do not exist for the competition's tank. The commenter states that competitors
use scare tactics to dissuade consumers from  buying sti-P3* tanks.  Competitors
emphasize that the sti-P3* tank requires periodic monitoring and that  if the monitoring is

-------
  not performed and records are not kept, the owner .can be fined -$10,000 a day, These
  claims put the sti-P3* tank at a competitive disadvantage.

        Oneicommenter (Letter to David Ziegele from Anonymous) notes the steel tank
  industry is currently under great pressure to be profitable  as well as competitive. The
  commenter reports that privately, many companies oppose .eliminating the monitoring
  requirement for single-walled steel tanks. While some companies do not want to
, manufacture single-walled USTs for reasons'.of liability, the commenter feels that
  companies will  be forced to manufacture, such products in order to remain competitive
  should the.monitoring requirement be rescinded.       • ,   •             '    .

     _/  One commenter (Xerxes Corporation) states that,.based on experience, sti-P3*.
  tanks, particularly single wall versions,  are priced competitively'with other jtanks. The  ,   .
  commenter indicates that the added cost of the monitoring requirement does not make sti-
  P3* tanks uncompetitive with competing brands.                       ,               '

        Another  commenter (State of Michigan, Department of State Police) notes that the
  Til|inghast report  indicates that  owners  are choosing aboveground tanks, this contradicts
"the Steel Tank Institute's claim  that owners are-choosing  other underground systems •
  because they feel'that-the monitoring requirement is a nuisance.             "   •,'•'.-.'

        Another  commenter (Marcel Moreau Associates) notes that if consumers consider
  monitoring  to be a nuisance and choose other tanks it is simply a  fact of life in a capitalist
  economy that should not be used  as a justification for "eliminating  the  monitoring
  requirement.  The commenter strongly expresses  his'opinion, that monitoring is a standard
  practice for a tank with a cathodic protection  system. If a consumer want's to have a tank
  with a cathodic protection system, it-is  reasonable to require that the  system be operated
 properly. This commenter also  acknowledges that monitoring the cathodic  protection
 .system costs money, but states that the practice is essential to the proper operation of an
 sti-P3® tank.  He argues that if one cannot afford  to operate an sti-P3* tank in the manner
 that it should be operated, one should consider using  a different technology.  He states
 that if the Steel Tank Institute thinks that the  cost of  monitoring is causing  the sti"P3*
 tank to be viewed as a non-viable technology  in today's marketplace,  it is the result of the
 natural workings of the free market.

,       One commenter (Xerxes  Corporation) feels that the fact that the monitoring
 requirement is affecting buyers' choices is not a special case.  The commenter implies that
 every  tank has characteristics which buyers like or dislike, and their choices will  be
 affected by those consumer tastes and  the availability of other products on the market.

       Another commenter (Green Environmental  & Corrosion, Inc.) contends that when
 considering whether to modify,the current monitoring requirement, the opinions of the  •
 engineering community should far outweigh that of an economically affected provider.
 The commenter reports that the claims  made by Steel Tank Institute are based on
 economics rather  than on engineering principles.
                                         '27

-------
  Response

         The Agency agrees with commenters who stated'that cathodic protection
  monitoring is easy to perform and relatively inexpensive.  Problems commonly reported
  with monitoring, such as incorrect readings caused by low soil moisture content, often can
  be rectified by relatively simple means, such as adding  water to the soil and taking the
  reading again.  The Agency agrees with the commenter who stated that a lack of
  understanding of cathodic protection on the part of owners and installers should not be a
  reason for eliminating the monitoring requirement, and,  instead, better understanding is
  what is needed.  The Agency acknowledges the comment that the Tillinghast report
  mentions the need for more training for UST installers and operators.  The Agency
  acknowledges the comment that incorrect testing procedures could lead to inaccurate
  cathodic protection readings.  However, the Agency believes that the UST regulatory
  requirements for testing act to ensure that incorrect testing does not pose undue risks.
  For example,  the fact that monitoring must be repeated periodically reduces the risk that a
  single inaccurate reading may be relied on for many years.  The- comments overall support
  the conclusion, also expressed in a report by S77,  that the cost of,monitoring is minimal
  and that it is easy.

        Other commenters provided data showing that cathodic protection, monitoring is
 relatively inexpensive, ranging from $95 to  $200 per typical location with three USTs.
  The monitoring is inexpensive relative to many other expenses involved in installing and
 operating USTs.  The Agency understands that a typical three-tank retail fuel marketing
 facility costs over $100,000 to construct.  In addition, the monitoring is inexpensive in
 terms of both time and money relative to the costs to both the private and public sector of
 the consequences of a leak,  which could result from several causes, including insufficient
 tank corrosion protection.  There have been over 250,000 confirmed re/eases;  sites with
 only soil contamination often cost tens  of thousands of  dollars to address; remediation of
 contaminated groundwater sites typically cost over $ 100,000.  The Agency believes that
 the costs of monitoring are reasonable and do not place an unnecessary financial burden
 on owners and operators.

       In response, to concerns that the  costs of cathodic protect/on monitoring affect
 consumer choices, the Agency acknowledges that this argument may be plausible, but
 believes it is one of several factors that  have lead to changes in the market shares for
 various tank technologies over the past  few years.  In response  to the commenters who
 indicated that customers sometimes choose other technologies without proven track
 records to avoid the monitoring burden,  the Agency believes that all the technologies
 allowed in the final technical rule (4O CFR 280.20) are protective of human health and the
 environment.   These technologies include corrosion protected steel, fiberglass-reinforced
plastic, steel clad with fiberglass-reinforced plastic, and.  for sites meeting certain
requirements, steel without additional corrosion protection.
                                         23

-------
   6.     Failure .to Enforce the Cathodic Protection Monitoring Requirement Is Not a
         Justification to Relax the Frequency of the Requirement

                                   '..'-''           _    ' t ''.."•            -   -  ,      •
         One commenter (New York State Department of Environmental Conservation) noted
   that the Tillinghast report states that enforcement- of the monitoring requirement is not a
 •  high priority w.itfr-federal and  state inspectors,  the commenter argues that the current
   lack of enforcement of the monitoring requirement .does,,not reduce the need for
   monitoring.  The commenter states that .if in the future leaks are detected from USTs
,   because the tanks did not remain corrosion resistant, the'issue of compliance with the
  cathodic  protection monitoring requirements will become much more important

        Another commenter (Marcel Moreau Associates) notes  that corrosion protection
  enforcement has not been a priority in many states because resources are being applied to'
  more immediate problems Such as leaks/and existing contamination.  The commenter has
  noticed great interest iri corrosion  protection arnong  state regulatory personnel. The
  commenter notes that he has conducted or is scheduled to conduct corrosion protection '
  training for regulatory personnel in thirteen states.              •    •             '

        Another commenter (State  of Michigan,  Department of  State Police) notes  that the
  Steel Tank Institute reports that since enforcement efforts-are  directed at cleanup and,leak
  detection, cathodic protection monitoring  is not an essential activity in the UST program.
  This commenter responds that states determine program priorities based on a, variety of
  factors, and that these priorities are not necessarily an indication of the overall value of
  cathodic projection1 monitoring.  Another commenter (Xerxes Corporation) indicates that
  although the cathodic protection monitoring requirement is not being enforced, it is still
  considered a priority. -The commenter suggests that  enforcement of the requirement will
  occur after 1998, the regulatory deadline  for all tanks'to be corrosion protected.   '     '

        6.1   Enforcement of the Monitoring Requirement Would Enhance Owners'and
              Operators'Ability to  Comply with the Requirement

        Qne commenter (Cayuga/Onondaga Board of Cooperative Services) observed poor
 compliance with the cathodic protection monitoring requirement. This commenter, with
 more  than eight years of experience in tank testing and installation involving  nearly 100
 sti-P3* tanks, specifically  noted that the required cathodic protection testing  data was on
 file with owners  and  operators in only about 2-3%  of the cases with which he had been
 involved.  Data were not available for a variety of reasons. Steel piling was  inaccessible,
 lacked protective cathodic coatings, or did not have anodes attached, \Some tanks had
 anodes that were stillcdvered  by plastic coverings  on inspection following installation.
 The commenter also noted that fewer than 50% of the tank installations he observed
 provided test leads accessible for test metering. The commenter concludes that sinpe
 there is a small number of accessible, cathodically protected piping installations, the
 cathodic protection monitoring regulations, both state and federal, appear unfeasible.
                                          29

-------
  Response

        While the Agency acknowledges that enforcement priorities may vary among
  states, the extent of current enforcement activity does not determine the need for the
  frequency of monitoring cathodic protection systems.  The Agency believes that cathodic
  protection monitoring is an important component o'f prevention activities for UST owners
  and operators.  Cathodic protection monitoring is important because it is a relatively '
  inexpensive preventive  measure owners and operators can take to ensure they do not have
  equipment susceptible to external corrosion and the resulting product loss. The Agency
 also notes that the UST regulations require less frequent cathodic protection monitoring
 than do other federal regulations promulgated by EPA (4O CFR 264 195) and the
 Department of Transportation (49 CFR  192.455 to 192.477, Appendix D)  The Agency
 does not believe the UST monitoring requirements are unnecessarily burdensome.

       The Agency acknowledges that in many states, enforcement of the leak detection
 requirements have been given priority over cathodic protection monitoring requirements
 because of the earlier leak detection compliance deadlines.  However, the Agency agrees
 with the comment that, with the upcoming  1998 compliance deadline for corrosion
 protection of all regulated USTs, emphasis will most likely shift to include more vigorous
 enforcement of the cathodic protection  monitoring requirements.  This is because
 comphance  with the 1998 deadline is very important in protecting the environment  and
 because enforcement can be more straightforward and uniform at that time, since there
 will be no question as to whether an UST must meet the requirements.

       In response to the commenter who stated that since there are many tanks without '
test leads accessible for testing, the Agency notes that, while test leads make monitoring
easier, they are not necessary for testers to make the needed electrical contacts
                                       30

-------
   7.     Miscellaneous Issues
         One commenter (KCL Projects Ltd.) expressed concern that the sti-f?3*> system has
   no means of  protection against internal corrosion. This commenter suggested that the
   Agency ask Tillinghast to' -provide data relating to/the effectiveness1 of the sti-P3* tank at
   preventing leaks due to internal corrosion.        -• '  '      ,   :     .

         One commenter (Fond du Lac County,  Office  of the County Highway Commission)
   misunderstood the solicitation for comments,  and argued that the Agency should not
   impose stricter standards on sti-P3® tanks by requiring .that those tanks be removed and
   upgraded with new cathddic protection devices.        *                           '

         One commenter (Corrosion Control Specialist, Inc.)  stated that the Agency and
   NACEineed to clarify that the qualifications for a corrosion engineer which are stated in 40
  CFR Section 280.12 should not be interpreted too liberally. Specifically, clarification
  should focus on-distinguishing between the different  levels of NACE certifications.

        Another commenter (AT&T) states that,the Agency needs to formalize it's position
  regarding cathodic, protection testing of double wall USTs, and that the position be
  included in any amendments to the cathodic-protection requirements of the UST '.
  regulations. The commenter says that currently the Agency's position is that the UST
.regulations do not require testing of double wall steel USTs, but that state and local
  regulatory agencies that promulgate and enforce' UST regulations may not  be aware of the
  Agency's position.  This position was delineated in>a  letter dated July 18,  1991 from
  David  O.'Brien  of the Agency to Charles A., Frey of Highland Tank & Manufacturing
  Company.  The commenter states that the RCRA Hotline and OUST refer to this letteras a
  statement of the Agency's position.                          "            (

        One commenter (Fiberglass Petroleum Tank &  Piping Institute) states that sti-P3«
 tanks dp not qualify to be sold under the Underwriters Laboratories label.  The commenter
vnotes that the Steel Tank Institute alludes to compliance with  the UL standard in their
 advertisements because they say,  "built to nationally  recognized Steel Tank Institute and
 Underwriters Laboratories standards." This commenter asks the Agency to recognize that
 the Steel Tank Institute advertisements, despite their reference to UL. should not be
 assumed to, convey approval of the sti-P3« tank by Underwriters Laboratory.

 Response
             , '  "   . "' - •    -           1    ','''"'.   r      , ' '.   ' .-     '        '

        In general,  the Agency acknowledges these comments but does not believe they
 are directly relevant to the issues addressed by the Notice of Da.ta Availability, nor do they
 provide specific data that can be used in evaluating the appropriateness of the current
 cathodic protection monitoring requirement. The Agency, however, appreciates these
 comments and has given them due cons/deration in its decisionmaking process.

       In response to the comment regarding internal corrosion, the Agency notes thst its
 current inquiry  is limited to STI's request to relax the monitoring requirements, the
 Tillinghast report, and the Notice of Data Availability, which all focus on external

    ,                • '"       .'....-.  31  •'•..-••.•••      • .    <-   ..  •      ;     :;

-------
 corrosion. In any event, the Agency's information is that internal corrosion of, steel tanks
 historically poses a much smaller risk of release than does external corrosion.

        The comment concerning removal of sti-P3^ tanks is not relevant because cathodic
 protection monitoring applies only to installed tanks:  The cathodic protection  requirement
 has no direct relation to tank removal.                     ,           .           '

        The comment regarding the UST regulations, corrosion engineer qualifications, and
 NACE International certification levels is not within the scope of STI's request to relax the
 monitoring requirements, the Tillinghast report, or the Notice of Data Availability. In any
 event, the Agency is reviewing these subjects in a separate activity and acknowledges this
 comment.

       The Agency acknowledges the comment regarding cathodic protection  monitoring
 of double wall cathodically protected steel USTs.  However, the Agency's Notice of Data
 Availability spoke to single wall cathodically protected tanks, and  the Agency be/ievls it is
 this type of tank  which is most crucial to monitor for cathodic protection.

       In response to the comment about the compliance of sti-P3*> tanks with
 Underwriters Laboratories (UL) standards and about STI advertisements, the Agency notes
 that this comment is not within the scope of the current discussion.  Instead, this is a
matter more appropriately pursued with STI and/or with UL.                     ;
                                        32

-------
                                     ENDNOTES    ,

  1. John W. Kennedy Company, Inc. #1; JEMKO' Petroleum Equipment* Inc.;,Oil Equipment
  Sales, Inc.; Northeast Mechanical Corporation; EnviroReps, Inc.; Advanced Pollution  ,
  Control; Parker & Associates, Inc.; Fedco Tank and Equipment, Inc.; John W. Kennedy
 'Company, Inc: #2;  Pet-Chem. Equipment Corp.; Gould Equipment CompanyrWhitelock and
  Woerth, Inc., Francis Smith & Sons, Inc.; J.M.A. Associates, Inc.; Engineered Equipment
  Sales Inc.; Quality Petroleum Systems,  Inc.; Hirri Service Company; Professional Petroleum;
  Service  Company; TJ Equipment Company;-James B. Phillips Company, Inc.; Trombold .
  Equipment Company; Young Equipment Division; D.T. O'Connor, Inc.; Meter & Tank
;  Equipment Company, Inc. #1; Meter & Tank Equipment Company, Inc. #2; Meter & Tank
  Equipment Company, Inc. #3; Samuel K. Spigler Company, Inc.; Highland Tank &
  Manufacturing Company #9; Sammie Huff  Contractors, Inc., Gilarco Sales & Service; Ten
  Hoeve Brothers,.Inc. #2; Ten Hoeve Brothers,  Inc. #3; Jon El, Inc.,  Mechanical Equipment
  Sales; NECO Equipment Company; Allan U. Bevier, Inc.; Tate Instrumentation & Controls

  2.( -These commenters misinterpreted the total failure rate provided  for the 591 tanks in
 the Geyer Report.  The actual failure rate cited in the Geyer Report is 10%.

  3. Highland Tank & Manufacturing Company #1; Highland Tank &  Manufacturing
 Company #2; Luther P. Miller, Inc.; TooMSI-Scoot: A  Division of Best Oil Inc.; Boulder Oil
 Company;  Dean Fowler Oil Company; Lou Korchak Oil Company, Inc.; John W. Kennedy
 Company,  Inc. #1;  Emmart Oil Company; Enercon Services, Inc.; Highland Tank &
 Manufacturing Company #3; Midstate Fuel Storage Systems; Interface Services, Inc. #1;
 Alaskan Oil; Clemett & Company; Interface Services, Incl #2; JEMKO Petroleum
 Equipment; Inc.; Earl "Jerry" Galvin Manufacturers Representative;  Environmental &
 Energy. Systems Company #1; Carlucci  Construction  Company,  Inc.; Environmental &
 Energy Systems Company #2; Oil,Equipment Sales, Inc.; Fedco  Manufacturing    ••
 Corporation; JABE Construction &. Equipment Inc.; Barkman Oil  Company Inc.;
 Environmental & Energy Systems Company #3; Miller's Petroleum Systems,  Inc.; Tiger
 Fuel Company; H.J. Tanner, Inc.;  Northeast Mechanical Corporation;'Glider Oil Company;
 EnviroReps, Inc.; HOB8S Inc.  #1; Advanced Pollution Control; HOBBS Inc. #2; Parker &
 Associates, Inc.; Fedco Petroleum Installations, Inc.;  Kelley Omega, Inc.; Fedco Tank and
 Equipment, Inc.; Center Point Tank Services, Inc.; C  & S Contractors & Equipment, Inc.;
 Mon  Valley Petroleum Company; Northrup  Supply Corp.; Environmental  & Energy Systems
 Company #4; J & J Marts, Inc., Mountaineer Mart; Gary Dyer Excavating Company, Inc.;
 Purvis,Brothers, Inc.; Everybody's Oil Corporation; Alaskan Oil Inc.; International
 Association of Tank Testing Professionals;  Coldiron Fuel, Inc.; Griffith Oil Company;  C.
 Arlo Cummins; John W. Kennedy Company, Inc. #2;  Bettiol Fuel Service, Inc.; Ravenna Oil
 Company;  Pet-Chem Equipment Corp.; leake Oil Company; Cuyahoga Landmark Petroleum
 Services; Varouh Oil, Inc.; The Lyden Company;  Cross Oil  Corporation; Highland Tank &
 Manufacturing Company f4; Gould Equipment Company; Beaver Petroleum Co. Inc.; M&M
 Oil Company, Inc.; The Coen Company; Petroleum Equipment Services, Inc.; James A.
 Grogey;  Worth & Company, Inc.; A. Graziani & Company.  Inc.; Highland Tank &
 Manufacturing Company *5; Whitelock and Woerth,  Inc.; McKenzie Group. Inc.; Voegele
 Mechanical, Inc.; Francis Smith & Sons, Inc.; J.M.A.  Associates. Inc.; Engineered
 Equipment Sales Inc.; Joseph Stong, Inc.; Quality Petroleum Systems. Inc.; Beck
 Suppliers, Inc; Lechmanik. Inc.; Ward's  Pump and Tank; Edward J.  Meloney. Inc.; Valley

     •  .               ••    '.           "..'»•      • '   v' '       '•  /    ,.-••'.-•
   '• '      '  '      -..-,"'        33      -     •...••••-'.-•,

-------
  Equipment Company, Inc. #1; Grace Oil Company; Republic Oil Company, Inc.; Valley
  Equipment Company, Inc.. #2; Numb Remodeling & Equipment; Jack Hirsch; Hirri Service
  Company; Black Equipment, Inc.; Professional Petroleum Service Company; TJ Equipment
  Company; James B. Phillips Company,-Inc.; United Environmental Group Inc.; Fedco Tank
  & Equipment, Inc.; Cernak Tank Company, Inc.; United Marketing, United Refining
  Company of Pennsylvania; Petro Tech Electronics Inc.; Trombold Equipment Company;
  G.E. Sell, Inc.; Steven J. Tornabine; Crawford Fuel & Oil; Holmes Oil Company; Young
  Equipment Division; Marshall Farms, inc.; M&E Anderson Equipment & Testing; Laurel
  Valley Oil Company; E.E. Wine, Inc.;  Rice Christ, Inc. #1; Rice Christ, Inc. #2; Rice'Christ,
  Inc. #3; Eastern Petroleum Services, Inc.; Ullman Oil, Inc.; Carl Mundy Contractors #1;
  James Nichols; Tri-State Petroleum Corporation  #1; Petroleum Services, Inc.; Ten Hoeve
  Brothers, Inc. #1; Carl Mundy Contractors ff2; Kay Bibih; Tess Bechtold;  D.T. O'Connor,
  Inc.; Penzoil Products Company; Carl Mundy Contractors #3; Joe DeFazio Oil Company;
  Childers Oil Company; J.H. Crosier Company; Bell Petroleum Ltd., Aviation Products
  Division #1; Fred's Plumbing and Heating #1; Fred's Plumbing and Heating #2; Sammy L.
  Throlup; Benit Fuel Sales & Service Inc. #1; Highland Tank & Manufacturing  Company #6;
  Benit Fuel Sales & Service Inc. #2; Bell Petroleum Ltd., Aviation  Products Division #2;
  Highland  Tank & Manufacturing Company #7; Herman Goldner Company, Inc.; A.C.  & T.
  Company, Inc.; Caledonia Oil Company #1; Caledonia Oil Company #2; Mountain,State  Bit
 Service, Inc.; SICO Company; Caledonia Oil  Company #3; Meter & Tank Equipment
 Company, Inc. #1; Meter & Tank Equipment Company, Inc. #2; Meter & Tank Equipment
 Company, Inc. #3; Samuel K. Spigler Company,  Inc.; Highland Tank & Manufacturing
 Company #8; Highland Tank & Manufacturing Company #9; Alliance Oil Service Company;
 Cortland Pump & Equipment Company; Bedford Valley Petroleum Corporation; Coastal
 Pump & Tank, Inc.; First State Petroleum Services, Inc. #1; Willison Oij, Inc.; Petroleum
 Industry Consultants, Inc.; Tri-State Petroleum Corporation #2; Sammie Huff Contractors,
 Inc., Gilarco Sales & Service; Ten Hoeve Brothers, Inc. #2; Ten Hoeve Brothers, Inc.  #3;
 Jon El,  Inc., Mechanical  Equipment Sales; Lane  & Clark Mechanical Contractors, Inc.; Craig
 K. William; Joseph Goffrey; Oil Equipment Sales & Service Company, Inc. (OESSCQ);
 APCON Environmental Services, Inc.;  Franklin Oil Company, Inc.  #1; Baird Petroleum
 Equipment; Corporation; Harris Oil Company^ Inc.; Emmart Oil; Highland Tank &
 Manufacturing Company #11; James Islintu; R.L. Smiltz Oil Company, Inc.; Albright Oil,
 Inc.; Howard Gasoline & Oil Company; Shelving Installation Service, Inc.; First State
 Petroleum Services, Inc.  #2; K & T Pump & Tank, Inc.; DePue Oil Company; NECO
 Equipment Company; Franklin Oil Company.  Inc.  #2; Allan U. Bevier, Inc.; Highland Tank &
 Manufacturing Company #12; Charles A. Frey; Oil Repair & Installation Company, Inc.;
 Delmarva Tank Specialists, Inc.; Smiles Are For Free - Everything Else is C.O.D.; Highland
 Tank &  Manufacturing Company #13; Richard D. Galli; Goode Omega, Inc.; Tate
 Instrumentation & Controls

4. Fargo Tank Company; Highland Tank & Manufacturing Company #1; Luther P. Miller,
Inc.; Toot-N-Scoot: A Division of Best Oil Inc.; Boulder Oil Company; Dean Fowler Oil
Company; Lou Korchak Oil Company. Inc.; John W. Kennedy Company, Inc. #1; Emmart
Oil Company; Enercon Services, Inc.; Midstate Fuel Storage Systems; Interface Services,
Inc. #1; Alaskan Oil; Clemett & Company; Interface Services, Inc. #2; JEMKO Petroleum
Equipment. Inc.; Earl "Jerry" Galvin Manufacturers Representative; Environmental &
Energy Systems Company #1; Carlucci Construction Company, Inc.; Environmental &
Energy Systems Company #2; Oil Equipment Sales. Inc.; Fedco Manufacturing

                                       34

-------
  Corporation; JABE Construction & Equipment Inc.; Barkman Oil Company Inc.;
  Environmental & Energy Systems Company #3; Miller's Petroleum Systems, Inc.; Tiger  -
  Fuel Company; H.J. Tanner, Inc.; Northeast Mechanical Corporation; Glider Oil Company;
  EnviroReps, Inc.; HOBBS Inc. #1; Advanced Pollution Control; HOBBS Inc. #2; Parker &
  Associates, Inc.;.Fedco Petroleum Installations, Inc.; Kelley Omega, Inc.; Fedco Tank and
  Equipment, inc.s; Center Point Tank Services, Inc.; C &'S Contractors & Equipment, Inc.;
  Mon Valley Petroleum Company; Northrup Supply Corp.; Environmental  .& Energy Systems
  Company #4; J & J Marts, Inc. Mountaineer Mart; Gary Dyer Excavating Company, Inc.;
  Purvis  Brothers, inc.; Everybody's Oil Corporation; Alaskan  Oil Inc.; Coldiron Fuel, Inc.;  ' •
  Griffith Oil Company; C. Arlo Cummins; John W. Kennedy Company, Inc. #2; Bettiol Fuel
  Service, Inc.; Ravenna Oil Company; Pet-Chem Equipment Corp.; Leake  Oil Company;
  Cuyahoga Landmark Petroleum  Services; Varouh Oil, Inc.; The Lyden Company; Gross-Oil
  Corporation; Highland Tank & Manufacturing Company #4;  Gould Equipment Company;
  .Beaver Petroleum Co. Inc.; M&M Oil Company, Inc.;  The Coen Company; Petroleum
  Equipment Services, Inc.; James A. Grogey; Worth & Company, Inc.; A. Graziani &
  Company, Inc.; Highland tank  & Manufacturing Company #5; Whitelock and Woerth, Inc.;
  McKenzie  Group, Inc.; Voegele Mechanical,, Inc.; Francis Smith & Sons,  Inc.; J.M.A.
 Associates', Inc.; Joseph Stong, Inc.; Quality Petroleum Systems, .Inc.; Beck Suppliers, Inc;
 Lechmanik, Inc.; Ward's Pump and Tank; Edward  J. Meloney, Inc.; Valley Equipment
 Company, Inc. #1; Grace Oil Company; Republic Oil Company, Inc.; Valley Equipment  .
 Company, Inc. #2; Humb Remodeling & Equipment; Jack Hirsch; Hirri Service Company;
 Black Equipment, Inc.; Professional Petroleum Service Compa.iy; TJ Equipment Company;
 United  Environmental Group  Inc.; Cernak Tank Company, Inc.; United Marketing, United
 Refining Company of Pennsylvania; Petro Tech Electronics Inc.; Trombold Equipment
 Company;  G.E. Sell,  Inc.; Steven J. Tornabine; Crawford Fuel &  Oil; Holmes Oil Company;
 Young  Equipment Division; Marshall Farms, Inc.; M&E Anderson Equipment & Testing-
 Laurel Valley Oil Company; E.E,  Wine,  Inc:; Rice Christ, Inc. #1;  Rice Christ, Inc. #2; Rice
 Christ,  Inc. #3; Eastern Petroleum Services, Inc.; Ullman Oil, Inc.; Carl Mundy Contractors
 #1; James Nichols; Tri-State Petroleum Corporation #1; Petroleum Services, Inc.; Ten
 Hoeve Brothers, Inc. #1; Carl Mundy Contractors #2; Kay Bibih;  Tess Bechtold; D.T.
 O'Connor,  Inc.; Penzoil Products Company; Carl MundyXontractors #3;  Joe DeFazio Oil
 Company;  Childers Oil Company; J:H. Crosier Company; Highland Tank & Manufacturing
 Company #6; Benit Fuel Sales & Service Inc. #2; Bell Petroleum Ltd., Aviation Products
 Division #2; Highland Tank & Manufacturing Company #7; Herman Goldner Company,
 Inc.; A.C. & T.  Company, Inc.; Caledonia Oil Company #1; Caledonia Oil Company #2;
 Mountain State Bit Service, Inc.; SICO  Company; Caledonia  Oil Company #3; Meter &
 Tank Equipment Company, Inc. #1; Meter & Tank  Equipment Company,  Inc. '#2; Meter &
 Tank Equipment Company, Inc. #3; Samuel K. Spigler Company, Inc.; Highland Tank  &
 Manufacturing Company #9;  Alliance Oil Service Company; Cortland Pump & Equipment
 Company; Bedford Valley Petroleum Corporation; Coastal Pump & Tank,  Inc.; First State
 Petroleum Services, Inc. #1; Willison Oil, Inc.; Petroleum Industry Consultants, Inc.;
 Tri-State Petroleum Corporation #2; Sammie Huff Contractors, Inc. Gilarco Sales &
 Service; Ten Hoeve Brothers, Inc. #2: Ten Hoeve Brothers, Inc. #3; Jon El, Inc.,
 Mechanical Equipment Sales; Lane & Clark Mechanical Contractors, Inc.; Craig K. William;
Joseph  Geffrey; Oil Equipment Sales &  Service Company, Inc. (OESSCO); APCON
 Environmental Services. Inc.; Franklin Oil Company, Inc. #1;  Harris Oil Company, Inc.;  ,
 Emmart Oil; Highland Tank & Manufacturing Company #.11;  R.L.  Smiltz Oil Company, Inc.;
Albright Oil, Inc.; Howard Gasoline & Oil Company; Shelving Installation Service, Inc.;  First
                                        35

-------
State Petroleum Services
Equipment Comp.ny.-IS,
0.1 Repair & Installation Company  Inc  De'marva Tank
Free - Everything Else is C 0   •
Gal,i; Goode Omega. ,nc,
                                                     Oil C°mP-v: I*=CQ
                                                •    ,'  C"' Charles *'
                                                ists. Inc.; Soi.les Are  For

                                                           "* RiChard
.r
  Inc.; John W, Kennedy Company lnc  #2 Pet
  Manufacturing Company ^Gou'lc^ ^ Equtpmen "
  Highland Tank & Manufacturing Company ff 5'
  Associates. Inc.; Engineered Eaui
  Service Company; ^nSSJ^S
 James B. Phillips Companv Inc •  Trnmhnw
 Young  Equipment DivisTn Nen H! °vT B
 Petroleum Ltd., Aviation Products Division #1
 Plumbing and  Heating #2; Sammy L  Th°olun
 Tank & Manufacturing Company #7
 Tank Equipment Company, inc #
 Sp.gler  Company. Inc.; Highland T
 Contractors, Inc., Gila co Sales &   prv>
 Brothers. Inc. *3  Jon El ,nc  Mechan r!f P        "
Corporation; James .shnuNECO  Ecu?!'  t"^'^
Frey; Tate Instrumentation & Controls
                                                               •
                                               dC° Tank and
                                                                            ,
                                                            •^ HiQhland Tank &
                                                        Petroleum Co' ^-'
                                                       Sons' lnc-' J'M-A-
                                                                     '-, Hirri
                                                                 Company;

                                                                 ™ & °il;
                                                              ' 'nc'; Be"
                                                       3nd Heating #1; Fred's
                                            En,  »      r ^'^ lnc"#1' Highland
                                                  S   Company, Inc. #1; Meter &
                                                     ComPan*< lnc- #3; -Samuel K.
                                                Company #9; Sammie Huff
                                                     '  lnc- #2; Ten Hoev«
                                                      '^ Petr°'eum E^™"
                                                     U' 8ev'er' lnc'; Charl^ A.
                                     *
                                     P
                           36

-------
                       RECOGNIZED STANDARDS FOR CATHODIC PROTECTION MONITORING
Organization
NACE International, formerly
National Association of
Corrosion Engineers
Canadian Council of Ministers
of the Environment (CCME)
National Standard of Canada
Petroleum Equipment
institute (PEI)
American Petroleum Institute
(API)
National Fire Protection
Association (NFPA)
Uniform Fire Code (UFC)
Citation
RP-02-85 (1985)'
§10.2, 10.3 ;
CCME EPC-LST-61 E (1 993)
§4.9.2(4), 6.4.1(2)
ULC CAN4-S603.1-M85
(1985)
§A1.4,B3. 12.3.1, 83. 12.4.1
PEI/RP 100-94 (1994)
§10.13, 12.2
API RP #1632 (1987)
§3.6.6
NFPA 30 (1993)
$2-4.3
1991
§79.603
Criteria
-0.85V
-0.85V
-0.85V
-0.85V
-0.85V


Initial Monitoring
When the system is
energized
After installation
After backfilling and
before commencing
paving
Before placing UST
system in service. If
system fails, facility may
operate, but test should
be repeated in 90 days
and repaired if needed.
6 to 1 2 weeks after
installation and one year
thereafter:
Monitoring Interval
Annually
Annually
After the first 1 2 months of installation and
every two years thereafter
• . > . t • ' ' • ' •
Not specified
j .- - " '•'•.,. . ^
Every 5 years. If underground work is
performed at the site, 6 to 12 weeks after
completion and one year thereafter before
extending interval to 5 years.
A cathodic protection system should be engineered, installed and
maintained in accordance with recognized standards of design such as: API
1632, ULC-S603.1 M, Steel Tank Institute Standard No. sti-P3, NACE RP-
01-69 (1983), NACE RP-02-85 (1985)
At installation
Not less than once every five years
VJ
§
 T

 *.

-------
                          RECOGNIZED STANDARDS FOR CATHODIC PROTECTION MONITORING (cent.)
         Organization
           Citation
 Criteria
     Initial Monitoring
             Monitoring Interval
 Department of Transportation
 (DOT)
49 CFR
§192.455 to §192.477.
Appendix D
-0.85V
For pipelines installed after
July 31. 1971, cathodic
protection system must be
installed and placed in
operation within one year
of construction. For
pipelines installed prior to
August 1,  1971. each
area that has an effective
external coating must be
cathodically protected.
Cathodic protection for each pipeline must be
tested once a year at intervals not exceeding
15 months.  Each rectifier must be inspected
six times a year at intervals not exceeding 2 5
months.  For pipelines transporting corrosive
gas, each means of monitoring internal
corrosion must be checked twice yearly at
intervals not exceeding 7.5 months.  Each
reverse current switch, diode and interference
bond whose failure would jeopardize protection
must be checked six times a year at intervals
not exceeding 2.5 months.
 Environmental Protection
 Agency
40 CFR
§264.195
-0.85V
For tanks storing or
treating hazardous
wastes, inspection  of the
cathodic protection
system must be performed
within six months of
installation
The cathodic protection system must be
inspected annually after the initial inspection.
All sources of impressed current must be
inspected and/or tested at (east every 60 days.
Guidelines for inspections may be found in
NACE RP-02-85 and AP11632.  Results of
inspections must be kept in facility operating
record.
 Environmental Protection
 Agency
40 CFR
§280.31
-0.85V
For all steel UST systems
with corrosion protection,
inspection of the cathodic
protection system must be
performed within six
months of installation by a
qualified cathodic
protection tester
The cathodic protection system must be
inspected every three years after the initial
inspection.  UST systems with impressed
current cathodic protection systems must be
inspected every 60 days to ensure that the
equipment is running property. Guidelines for
inspections may be found in NACE RP-02-85
and AP11632.  Records must be maintained of
the last two inspections for cathodic protection
systems, and the last three inspections for
impressed current cathodic protection systems.
1. Work is underway on a revision to this Recommended Practice, which when completed may not specify a monitoring interval. Anticipated date is
I *7«7O»

-------