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ENVIROfttdEMTAL PWTtCnOH
AGENCY
40CFRPW12M
(FnL-38t5-1)
Underground Storage Tantei;
Technical Requirement*
AOCNCV: Environmental Pro(«c4ion
Agency (EPA).
*cno«e interim final rule.
SUMMARY The EnvironmeouJ Protectioa
Ageocy (EPA) !• today publialuag an
Interim final rule «m»«Hing t^ technical
requircmeaU for undergroujid ttorage
tanks (USTs) promulgeted ta the Fedod
Register on September 23.19tS (63 FR
37082). Specificany. EPA U txieoding for
270 days (or until September 22.1991)
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Fedetd RegisUt / VoL SO. No. 1 / Wednesday. January 2. 1991 / Rules and Regulation
25
the time frame UST owners and.
operators h«ve to Install automatic tine
teak detectors on new or existing
underground pressurized plain! systems
without the minimum performance of
this detection equipment having to meet
the 40 CFR 280.43{a){3) requirements for
a probability of detection of OSS and a
probability of false alarm of 0.05. Under
today's modification, owners and
operators are still required to (1) equip
all pressurized piping with an automatic
line leak detector and (2) have either an
annual line tightness test conducted or
begin conducting monthly monitoring.
by December 22.1690. Also, all
automatic line leak detectors are still
required to detect leak rates of 3 gallons
per hour (gph) at 10 pounds per square
inch (psi) within 1 hour as contained in
i 280.44(a). but the associated
probabilities of detection and false
alarm in ! 280.43{a)(3) are being delayed
until September 22.1991. for automatic
line leak detectors only.
EFFECTIVE DATE The amendment to 40
CFR part 280 contained in this
rulemaking published today, is effective
January 2,1991.
ADOftESSES: The Docket for this
rulemaking (Docket No. UST 2-1) is
located at the U.S. Environmental
Protection Agency. 401M Street SW.
Washington. DC, 20460. The Docket is
• open from 9:30 a.m. to 330 p.nu Monday
through Friday, except for federal
holidays. You may make an
appointment to review materials in the
Docket by calling (202] 475-8720.
FOt* FUKTHEH INFOMIATKM CONTACT:
The RCRA/Superfund Hotline at (800)
424-6346 (toll free) or 382-3000 (in
Washington. DC),
SUWtEMENTARY INFOftMATKNC
L Background
On September 23,1988. (53 FR 37082)
EPA promulgated technical .
requirements under subtitle I of RCRA
for underground storage tanks
containing petroleum or substances
defined as hazardous under the
Comprehensive Environmental
Response. Compensation, and Liability
Act of I960, as amended. (CERCLA).
except for substances regulated as •
hazardous waste under subtitle C of the
Resource Conservation and Recovery
Act (RCRA). These rules went Into
effect 90 days later on December 22.
1968. The effect of today's document!»*'
to delay for 270 days (or until September
22.1991) the requirement In
i 2d0.40(a)(3) for owners and operators
to Install automatic line leak detectors
on pressurized piping that detect the
specified leak rate (under the specified
conditions] with a probability of
d«*ectiao WJ of 0.95 and a probability
offabea*H»(Pfa)ofO.OS. '
Sectia*m40(aM3) in the final rule
specifies Hat all leak detection methods
used aflerUecember 22.1990—except
for those jmnanently Installed prior to
that date-save to be capable of
detectiaf be leak rate or quantity
specified isr that method with a Pd of
O95 and a£a of 0.05. This requirement
applies fcBilomatic line leak detectors,
among otkr methods. EPA stated in the
September 23,1988, preamble to the
final rule 53 FR 37145). that the Agency
intended tt give the various
mirmfucftrrn time to evaluate their
method* te prove they meet the
standards Si the rule. EPA also
explained *at the Agency was in the
process of developing several different
procedures for testing the different
release deletion methods in order to
help mirnfcrtujeri evaluate their
equipment at an objective and
technical}! sound fashion.
EPA has since published, over the last
8 months, a series of seven guidance
documents entitled Standard Test
Procedures for Evaluating Leak
Detection Methods. The series includes
standards far particular release
detection nethods specified in the
September 23.1988, rule (53 FR 37082).
Most of these procedures were
published at final form early in the
summer of 1990, and the last procedure,
"Pipeline Leak detection Systems," was
published as late September of 1990.
Most parties interested in obtaining •
copy of this last protocol probably did
not receive it until October 1990. As a
result, a relatively short time period was
allowed for piping leak detector
manufactaers to receive the final
protocol aad make the necessary
arrangements for evaluating the
performance of their methods.
Over the past two months, the Agency
has recefnd comments from the leak
detection industry, including comments
from the nation's long-time major
manufactarer of automatic pressurized
line leak detection equipment regarding
the inadeqvate amount of time available
to carry oat the EPA protocol evaluation
for piping given-the late-September
release of the final pipeline leak
detection systems protocol and the
December 22.1990. regulatory deadline
for owners and operators to ,
demonstrate Pd and Pfa for new
equipment This commenter further
requested more time to test its
equipment and to carry out the protocol
in this area. Some commenters also
raised several technical concerns about
the protocol itself that they believe may
require EPA technical revision.
The above situation raises the serious
concern that some major manufacturers
of automatic line leak detectors will not
be able to complete their evaluation
under the EPA piping protocols (or
another acceptable procedure) by
December 22.1990. when the Pd/Pfa
requirements for automatic line leak
detectors are scheduled to come into
effect under I 280.40(a)(3). This may
force some key manufacturers through
no apparent fault of their own to
withdraw, at least temporarily, a major
portion of the currently available
detectors from the market place. EPA is
concerned with such a potentially
significant short {all in the availability
of equipment (even if only for a few
months] that UST owners and operators
could purchase to comply with EPA's
pressurized line leak detection
requirements. Such a result could cause
widespread non-compliance problems
as well as unintended detrimental
Impacts to the environment and public
health. As was discussed in the
preamble to the final rule (53 FR 37153),
the Agency considers the use of
automatic line leak detectors to be a key
part of our regulatory strategy for
avoiding catastrophic releases from
pressurized piping leaks. The Agency
has received no new information that
indicates currently available devices are
not discovering, and therefore resulting
in the curtailment of. significant
pressurized line leaks.
Today's interim final rule is necessary
to overcome the above implementation
difficulties. By delaying for 270 days the
effective date of the O9S Pd/OjOS Pfa
standards as they apply to automatic
line leak detectors. UST owner* and
operators can continue to install those
mechanical line leak detectors for
pressurized piping which are most
widely available and currently being
used extensively in the industry. EPA
has been encouraging the UM of these
devices for the past two years. This
temporary action also represents •
significant benefit In terms of-protecting
human health and the environment since
these leak detection devices will
continue to be used uninterrupted and
the catastrophic-type releases they are
designed to detect will continue to be
detected. Today's action is intended to
allow manufacturers sufficient time to
complete their equipment evaluations
that have been delayed by the late
release of the EPA protocol They will
also be able to make manufacturing
adjustments (if necessary) before the Pd
and Pfa for autoomtic line leak detector*
become effective. Finally, the 270-day
delay gives EPA the time it needs to
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Federel R«g«Ut / Vol. 50. No. l / Wednesday, |aiuiary 2. 1991 / Rries and Regulation!
consider the technical coo/Bents it
received abotrt \h« protocol.
Until the probabilities b«come
effective for automatic Baa leak
detector* (September 22, 1901). these
devices need onry detect the teak rate of
.1 gph at specified In f 2W.44fs).
Automatic tine teak detectors installed
DI for to September 22. 1991. will not
have to be replaced after the
probabilities become effective, but all
those installed after that period of time
will have to achieve the probability
- standards.
it is important to note that delaying
the Pd and Pfa performance criteria for
automatic line leak detector* to
September 22, 1981, in no way changes
the requirement that all new and
existing underground piping that
conveys regulated substances under
pressure be equipped with an automatic
line leak detector and either have an
annual hne tightness test conducted or
have applicable monthly monitoring
conducted it is also important to note
that the delay in Pd and Pfa is only for
the automatic line leak detector
requirements for pressurized piping. The
Pd and Pfa associated with ail other
leak detection methods (e-g, tank
tightness testing, automatic tank gauging
and line tightness testing] will become
effective December 22, 1990, as
mandated in { 280.40(a}(3) of the
regulations, and for the reasons
discussed in the original September 23.
1388. Federal Register (53 FR 37082}.
IL Need for
™ Final Rule
EPA is not soliciting comments prior
to the effective date of today's
rulemaking. Under section 3(b) of me
Administrative Procedure* Act 5 US.C
553(b). the Agency may for good cause
omit notice and comment procedures.
The Agency believes it has good cause
to omit notice and comment procedures.
When EPA developed the phase-in
schedule of compliance for the Pd and
Pfa. the Agency believed that the
development of the protocol for testing.
evaluating and repordu on the
performance of the different methods of
leak detection and the accoaspanying
evaluation by manvfacoirers and/or
third parties would b« complete 24
months from promulgatioo of the final
technical requirements. However.
because of unforeseen delays in getting
the final piping protocol completed, as
was previously explained in this
preamble discussion, unintended non-
compliance with an essential
requirement (automatic line leak
detection) would result without today's
interim final amendment to delay the
compliance date in the rules for 270
days. EPA believes, therefore, that
providing notice and comment on this
amendment i* unpractical and contrary
to public interest
The Agency is. however, soliciting
comments on today's regulatory
amendments. Comments may be
submitted on or before February 1.1881.
Comments will be considered by the
Agency and. if necessary, the Agency
will issue a revised final rule changing
today's amendment to respond to these
comments.
in. Executive Order 12291
Under Executive Order 12291. EPA
must judge whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis. Since this document is merely
an amendment to an existing regulation
delaying one compliance date, the rule
is not "major" as contained in the Office
of Management and Budget's Interim
Regulatory Impact Analysis Guidance.
This document was submitted to the
Office of Management and Budget for
review as required by Executive Order
12291.
Dated: December 21. I960.
WiUUaa K. Ratify.
Administrator.
List of Subjects in 4* CFR Part 288
Hazardous substances. Insurance, Oil
pollution. Surety bonds, Witer pollution.
Water supply.
For the reasons set out in this
document part 280 of title 40, Code of
Federal Regulations, is amended as set
forth below.
PART 280-TECHNICAL STANDARDS
AND CORRECTIVE ACTION
REQUIREMENTS FC3 OWNERS AND- -
OPERATORS OF UNDERGROUND
STORAGE TANKS (UST)
1. The authority citation for part 280
continues to read as follows;
Authority: 42 U.S.C. 6912.0001.09Ql(a),
8991(b).r
2. Section 280.40 is amended by
revising paragraph (aX3) to read as
follow*:
§280.40 feflersi requirements for aBUST
systems.
(•) '
(3) Meets th« performance
requirements in i 280.43 or 280.44, with
any performance claims and their
manner of determination described in
writing by the equipment manufacturer
or installer. In addition, methods used
after the date shown in the following
table corresponding with the specified
method except for methods permanently
.installed prior to that date, must be
capable of detecting the leak rate or
quantity specified for that method in the
correspoodi&g section of the rale (also
ihowo in the table) with a probabihly of
detection (Pd) of O95 and e probability
of false alarm (Pfa) of 0.06.
M^
Manuat
Tank
Gauging.
Tank
Tig*-
noas
Tasting.
AutonaMc
Tar*
Gauging.
Automatic
Una
Laah
Oetae.
ton.
Una
Tight-
Twang.
SadttA
260.43M
280.43
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