Underground Storage Tank Program Grant Guidelines Secondary Containment

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# Grant Guidelines To States For Implementing The Secondary Containment Provision Of The Energy Policy Act Of 2005

U.S. Environmental Protection Agency Office of Underground Storage Tanks Washington, DC www.epa.gov/oust

EPA 510-R-06-001

November 2006Underground Storage Tank Program Grant Guidelines Secondary Containment

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### Contents

Overview Of The Secondary Containment Grant Guidelines .................... 1 Why Is EPA Issuing T hese Guide lines? ................................................................. 1

What Is In Thes e Guideli nes?................................................................................. 2

When Do These Guideli nes Take E ffect?............................................................... 2



### Requirements For Secondary Containment .................................................... 3 What Underground Tanks, Piping, And Moto r Fuel Dispenser Systems Do These

Guidelines Apply To? .......................................................................................... 3

What Definitions Are Used In These Gui delines ?................................................... 3 How Does A State Implement These Gui delines?.................................................. 5 What Are The Minimum Secondary Containment R equirements? ......................... 6 When Is Secondary Cont ainment R equired? ......................................................... 6 When Is Under-Dispenser Containment Requir ed?................................................ 8 Where Must The 1,000 Feet Be Measur ed From? ................................................. 8 How May States Determine When An Underground Tank, Piping, Or Motor Fuel Dispenser System Is Not Within 1, 000 Feet Of An Existing Community Water System Or Existing Po table Drinking Water We ll? .............................................. 8

How Will States Know That Secon dary Containment And Under-Dispenser

Containment Are Inst alled Where Require d? ...................................................... 9 What Enforcement Authority Must Stat es Have For Secondary Containment?...... 9 How Will States Demonstrate Comp liance With These Guidelines? ...................... 9 How Will EPA Enforce States’ Comp liance With The Requirements In

These Guid elines?............................................................................................... 10



### For More Information About The Secondary Containment Grant

Guidelines ..................................................................................................................... 11 Background About The Energy Policy Act Of 2005 ................................................ 11Underground Storage Tank Program Grant Guidelines Secondary Containment

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### Overview Of The Secondary Containment Grant Guidelines

Why Is EPA Issuing These Guidelines?

The U.S. Environmental Protection Agen cy (EPA), in consultation with states, developed these grant guidelines to implement the secondary containment provision in Section 9003(i)(1) of the Solid Wast e Disposal Act (SWDA), enacted by the Underground Storage Tank Compliance Act, part of the Energy Policy Act of 2005 signed by President Bush on August 8, 2005.

Section 1530 of the Energy Policy Act am ends Section 9003 in Subtitle I of the Solid Waste Disposal Act by adding requirement s for additional measures to protect groundwater from contaminati on. State underground storage tank (UST) programs that receive funding under Subtitle I must meet, at a minimum, one of the following:

1. Tank And Piping Secondary Containment – Each new or replaced underground tank, or piping connected to any such new or replaced tank, that is within 1,000 feet of any existing communi ty water system or any existing potable drinking water well must be secondarily c ontained and monitored for leaks. In the case of a replacement of an exis ting underground tank or existing piping connected to the underground tank, the se condary containment and monitoring shall apply only to the spec ific underground tank or pi ping being replaced, not to other underground tanks and connected pipe s comprising such system. In addition, each new motor fuel dispenser syst em installed within 1,000 feet of any existing community water system or any ex isting potable drinking water well must have under-dispenser containment. These r equirements do not apply to repairs meant to restore an underground tank, pipe, or dispenser to operating condition.

Or,

2. Evidence Of Financial Resp onsibility And Certification – A person that manufactures an underground tank or piping for an underground storage tank system or installs an under ground storage tank system must maintain evidence of financial responsibility under Section 9003(d) of Subtitle I in order to provide for the costs of corrective actions directly related to releases caused by improper

manufacture or installati on unless the person can demon strate themselves to be already covered as an owner or operator of an underground storage tank under Section 9003 of Subtitle I. In addition, underground storage tank installers must: be certified or licensed; have the installa tion certified or approved; install the underground storage tank system compliant with a code of practice and in

accordance with the manufacturer’s in structions; or use another method determined to be no less protective of human health and the environment.Underground Storage Tank Program Grant Guidelines Secondary Containment

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2 EPA’s Office of Underground Storage Tan ks (OUST) is issuing these grant guidelines to establish the mi nimum requirements a state re ceiving Subtitle I funding (hereafter referred to as “state”) must m eet in order to comply with the secondary containment requirements in the Energy Policy Act.

What Is In These Guidelines?

These guidelines describe the minimum r equirements for secondary containment that a state’s undergr ound storage tank progr am must contain in order for a state to comply with statutory require ments for Subtitle I funding. These guidelines include definitions, requirements, and examples for st ates choosing to implement the secondary containment provision.

When Do These Guidelines Take Effect?

States receiving Subtitle I funding must implement either the secondary containment requirements described in these guidelines or the financial responsibility and installer certification requi rements (described in separate guidelines) by February 8,

2007.Underground Storage Tank Program Grant Guidelines Secondary Containment

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### Requirements For Secondary Containment

What Underground Tanks, Piping, And Mo tor Fuel Dispenser Systems Do These Guidelines Apply To?

These guidelines apply to new or replaced underground tanks and piping regulated under Subtitle I except those ex cluded by regulation at 40 CFR 280.10(b) and those deferred by regulation at 40 CFR 280. 10(c). New or replaced underground tanks and piping used for emergency pow er generation [deferred fr om release detection by 280.10(d)] must meet these guide lines. These guidelines also apply to new motor fuel dispenser systems connected to underground storage tank systems covered by these guidelines.

What Definitions Are Used In These Guidelines?

The following are definitions fo r purposes of these guidelines.

Community Water System (CWS) – A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 yearround residents.

This definition is taken from the federal drinking wa ter regulations at 40 CFR 141.2 (7-1-02 Edition).

Existing – For purposes of these guidelines, existing means that an underground tank, piping, motor fuel dispensing system, fac ility, community water system, or potable drinking water well is in place when a new in stallation or replacement of an underground tank, piping, or motor f uel dispensing system begins.

Installation Of A New Mo tor Fuel Dispenser System – The installation of a new motor fuel dispenser and the equipment nece ssary to connect the dispenser to the underground storage tank system. It does not mean the installation of a motor fuel dispenser installed separat ely from the equipment needed to connect the dispenser to the underground storage tank system . For purposes of thes e guidelines, the equipment necessary to connect the motor fuel disp enser to the underground storage tank system may include check valves, shear valves, unburi ed risers or flexible connectors, or other transitional components that are beneath the dispenser and c onnect the dispenser to the underground piping.

Motor Fuel – Petroleum or a petroleum-based s ubstance that is motor gasoline, aviation gasoline, No. 1 or No . 2 diesel fuel, or any grade of gasohol and is typically used in the operation of a motor engine. 1

1 This definition applies to blended petroleum motor fuels such as biodiesel and ethanol blends that contain more than a de minimis amount of petroleum or petroleum-based substance.Underground Storage Tank Program Grant Guidelines Secondary Containment

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4 Piping – For purposes of these gui delines, piping is the hollo w cylinder or the tubular

conduit constructed of non-earthen material s that routinely contains and conveys regulated substances from t he underground tank(s) to the di spenser(s) or other end-use equipment. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey regulated s ubstances from the underground tank(s) to the dispenser(s). This definition does not include vent, vapor recovery, or fill lines.

Potable Drinking Water Well – Any hole (dug, driven, drilled, or bored) that extends

into the earth until it meets groundwater which:

• supplies water for a non-community public water system, or

• otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses). Such wells may provide water to entities su ch as a single-family residence, group of residences, businesses, schools, parks, campgrounds, and other permanent or

seasonal communities.

Public Water System (PWS) – A system for the provision to the public of water for human consumption through pipes or, afte r August 5, 1998, other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used prim arily in connection with such system; and, any collection or pretreatm ent storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “c ommunity water system” or a “non-community water system.”

This definition is taken fr om the federal drinking wa ter regulations at 40 CFR 141.2 (7-1-02 Edition).

Replace – This term applies to underground tanks and piping.

Underground tank – Replace means to remove an existing underground tank and install a new underground tank. 2

Piping – Replace means to remove and put back in an amount of piping connected to a single underground tank defined by the state to be a replacement. States may determine the amount of piping connected to a single underground tank that triggers replac ement by piping length, per cent of piping replaced, percent of piping replacem ent cost, or some combination of these. At a minimum, states must consider a pipi ng replacement to have occurred when 100 percent of the piping, excluding connecto rs (such as flexible connectors), connected to a single underground tank is removed and put back in. States are encouraged to consider variations in underground storage tank system layout,

2 A new underground tank is a tank that meets the new tank standar ds in 40 CFR 280.20, whether or not the tank was ever used

before

.Underground Storage Tank Program Grant Guidelines Secondary Containment

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5 such as those having extensive piping runs, when determining piping replacement criteria.

Secondary Containment – A release prevention and release detection system for an underground tank and/or piping. The releas e prevention part of secondary containment is an underground tank and/or piping having an inner and outer barrier. Between these two barriers is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substanc es from the underground tank and/or piping (called interstitial monitoring) . Interstitial monitoring must meet the release detection requirements in 40 CFR 280.43(g).

Under-Dispenser Containment (UDC) – Containment underneath a dispenser that will prevent leaks from the dispens er from reaching soil or gr oundwater. Such containment

must:

• Be liquid-tight on its sides, bo ttom, and at any penetrations;

• Be compatible with the substance conveyed by the piping; and

• Allow for visual inspection and access to the components in the containment system and/or be monitored.

Underground Storage Tank (UST) – This term has the same meaning given to it in Section 9001 of Subtitle I, ex cept that such term does not include tank combinations or more than a single underground pi pe connected to a tank.

Underground Tank – This term has the same meani ng as underground storage tank except that such term does not include underground piping.

How Does A State Implement These Guidelines?

A state implements t hese guidelines by:

• Requiring secondary containment and inte rstitial monitoring for all new or replaced underground tanks and piping unle ss a state determines 3 that the new or replaced under ground tank and piping ar e not within 1,000 feet of any existing community water syst em or any existing potable drinking water well; and

• Requiring under-dispenser containment for all new motor fuel dispenser systems unless a state determines that the new motor fuel dispenser system is not within 1,000 feet of any existing community water system or any existing potable drinking water well.

The state must meet these r equirements by February 8, 2007.

3 See the section titled How May States Determine When An Underground Tank, Pi ping, Or Motor Fuel Dispenser System Is Not Within 1,000 Feet Of An Existing Community Water System Or Existing Potable Drinking Water Well? on page 8 of these guidelines

for further information

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6 A state may choose to develop more st ringent requirements than described in these guidelines. For exampl e, a state may choose to r equire secondary containment for all new installations and replacements, independent of whether the installation is within 1,000 feet of any existing communi ty water system or any existing potable drinking water well. Likewise, a state may choose to develop more stringent definitions.

What Are The Minimum Secondar y Containment Requirements?

Consistent with current EPA regulations for hazardous substance tanks and piping [see 40 CFR 280.42(b)(1)], these gui delines require that, at a minimum, secondary containment systems be designed , constructed, and installed to:

• Contain regulated substances released from the tank system until they are detected and removed,

• Prevent the release of regulated substances to t he environment at any time during the operational life of t he underground storage tank system, and

• Be checked for evidence of a release at least every 30 days.

In addition, interstitial monitoring mu st meet the require ments of 40 CFR 280.43(g).

Section 1530 of the Energy Policy Act does not include under-dispenser containment as part of the secondary cont ainment requirements for new or replaced underground tanks and piping. Instead, under-d ispenser containment is required when installing a new motor fuel dispenser system . However, in cases where secondary containment of piping is required, under-d ispenser containment may be necessary for secondary containment of the piping near the dispenser. Likewise, containment above the underground tank may be necessary for se condary containment of the piping near the underground tank.

When Is Secondary Containment Required?

Secondary containment, including interstitial monitoring, is required for all new or replaced underground tan ks and piping unless a stat e determines that the installation is not within 1,000 feet of any existing communi ty water system or any existing potable drinking water well. If an existing under ground tank is replaced, the secondary containment and interstitial monitoring requirements apply only to the replaced underground tank. Likewise, if existing pipi ng is replaced, the secondary containment and interstitial monitoring requirements apply onl y to the replaced pipi ng. States are not required to apply the requirements in these gui delines to repairs meant to restore an underground tank, piping, or dispenser to operat ing condition. Solely for purposes of determining when secondary containment is r equired by these guidelines, a repair is any activity that does not meet the definition of replace.

Manifolded Underground Tanks: States are not required to apply the secondary containment requirements to underground tanks that are not new or replaced in a manifolded underground tank system.Underground Storage Tank Program Grant Guidelines Secondary Containment

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7 Multiple Piping Runs Connected To A Single Underground Tank: For underground tanks with multiple piping runs, states are not required to apply the secondary containment requirements to those piping runs that are not new or replaced.

Suction Piping And Manifold Piping: States are not required to apply the secondary containment requirements to suction piping that meets the requi rements at 40 CFR 280.41(b)(2)(i) – (v) or to piping that manifo lds two or more undergr ound tanks together.

New Dispensers And Connected Piping At An Existing Underground Storage Tank Facility: If a new motor fuel dispenser syst em is installed at an existing underground storage tank facility and new pipi ng is added to the underground storage tank system to connect the new dispens er to the existing system, then the new dispenser must have under-dispenser containm ent and the new pipi ng must meet the requirements described in these guidelines. States are not required to apply the requirements in these guidelin es to the existing piping to which the new piping is

connected.

New Underground Storage Tank Facilities: If a new underground storage tank facility will be installed that is not within 1,000 feet of any existing community water system or any existing potable drinking water well and the owner will install a potable drinking water well at the new facility that is within 1,000 feet of the underground tanks, piping, or motor fuel dis penser systems as part of t he new underground storage tank facility installation, then secondary cont ainment and under-dispenser containment are required, regardless of whether the well is installed befor e or after the underground tanks, piping, and motor fuel di spenser systems are installed.

Although not required by t hese guidelines, states may want to consider the following when developing secondary cont ainment and under-dispenser containment requirements for new and replaced undergr ound tanks and piping and new motor fuel dispenser systems:

• Designated source water protection areas,

• Water sources such as natural springs and surface waters, and

• Planned locations for new communi ty water systems and new potable drinking water wells.

EPA encourages state underground storage tank programs to work with state agencies responsible for drinking water prog rams and state well permitting authorities to protect source water and other sensitive areas.Underground Storage Tank Program Grant Guidelines Secondary Containment

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8 When Is Under-Dispenser Containment Required?

All new motor fuel dispenser systems must have under-dispenser containment unless a state determines that the new dispenser is not located within 1,000 feet of any existing community water system or any existi ng potable drinking water well. A motor fuel dispenser system is considered new when:

• A dispenser is installed at a loca tion where there previously was no dispenser (new underground storage t ank system or new dispenser location at an existing undergr ound storage tank system), or

• An existing dispenser is remov ed and replaced with ano ther dispenser and the equipment used to connect the dispenser to the underground storage tank system is replaced. This equipment may include unburied

flexible connectors or risers or ot her transitional components that are beneath the dispenser and connect the dispenser to the piping.

Where Must The 1,000 Feet Be Measured From?

To determine if a new or replaced undergr ound tank or piping or new motor fuel dispenser system is within 1,000 feet of any existing community water system or any existing potable drinking water well, at a minimum the distance must be measured from the closest part of the new or replaced underground tank or piping or new motor fuel dispenser system to:

• The closest part of the nearest exis ting community water system, including such components as:

- The location of the wellhead(s) fo r groundwater and/or the location of the intake point(s) for surface water;

- Water lines, processing tanks, and water storage tanks; and

- Water distribution/service lines un der the control of the community
water system operator.

• The wellhead of the nearest ex isting potable drinking water well.

How May States Determine When An Un derground Tank, Piping, Or Motor Fuel Dispenser System Is Not Within 1,000 Feet Of An Existing Community Water System Or Existing Potable Drinking Water Well?

States must have a system in place for determining when new or replaced underground tanks or pi ping or new motor fuel dispens er systems are not within 1,000 feet of any existing community water system or any existing potable drinking water well. There are various options states may use fo r making this determination. The following are some examples for meeting this requirement.Underground Storage Tank Program Grant Guidelines Secondary Containment

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9 • States may determine, or establish criteria for determining, when new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet.

• States may designate another entity to determine whether new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet.

• States may require that owners or oper ators demonstrate to the satisfaction

of the state that their new or replaced undergr ound tanks or piping or new motor fuel dispenser systems are not within 1,000 feet.

How Will States Know That Secondary Containment And Under-Dispenser Containment Are Installed Where Required?

States must have a system in plac e so they will know that secondary containment and under-dispenser containment are installed where required by these guidelines. Such a system could be registration, notification, record keeping, or another mechanism developed by the state.

What Enforcement Authority Must St ates Have For Secondary Containment?

At a minimum, states must have com parable enforcement authorities for their secondary containment requirements as th ey have for current underground storage tank requirements.

How Will States Demonstrate Compliance With These Guidelines?

After February 8, 2007, the effectiv e date of the secondary containment requirements, and before receiving future grant funding, states must provide one of the following to the appropriate EPA Regional office:

• For a state that has met the requirem ents for secondary containment, the state must submit a certification indicating that the state meets the requirements in the guidelines.

• For a state that has not yet met the requirements for secondary containment, the state must provide a document that descr ibes the state’s e fforts to meet the requirements. This document must include:

– A description of the state’s activities to date to meet the requirements in the guidelines;

– A description of the state’s planned ac tivities to meet the requirements;

and

– The date by which the state expec ts to meet the requirements.

EPA may verify state certifications of compliance through site visits, record reviews, or audits as authorized by 40 CFR Part 31.Underground Storage Tank Program Grant Guidelines Secondary Containment

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10 How Will EPA Enforce States’ Complia nce With The Requirements In These

Guidelines?

As a matter of law, each state that receiv es funding under Subtit le I, which would include a Leaking Underground Storage Tank (LUST) Cooperative Agreement, must comply with certain underground storage ta nk requirements of Subtitle I. EPA anticipates State and Tribal Assistance Grants (STAG) f unds will be available under the 2007 Appropriations Act for certain purposes authorized by the Energy Policy Act, and EPA will condition STAG grants with compliance with these guidelines. Absent a compelling reason to the contrary, EPA expec ts to address noncompliance with these STAG grant conditions by utilizing EPA's grant enforcement aut horities under 40 CFR Part 31.43, as necessary and appropriate.Underground Storage Tank Program Grant Guidelines Secondary Containment

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### For More Information About The Secondary Containmen t Grant Guidelines

Visit the EPA Office of Underground Storage Tanks web site at www.epa.gov/oust or call 703-

603-9900.

Background About The Energy Policy Act Of 2005

On August 8, 2005, President Bush signed the Energy Policy Ac t of 2005. Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act) contains amendment s to Subtitle I of the Solid Waste Disposal Act – the original legislation that created the underground storage tank (UST) program. These amendments significantly affect federal and state underground st orage tank programs, will require major ch anges to the programs, and are aimed at reducing underground storage tank releases to our environment.

The amendments focus on preventing releases. Among other things, they expand eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund and include provisions regarding inspections, operator training, delivery prohibition, secondary containment and financia l responsibility, and cleanup of releases that contain oxygenated fuel additives.

Some of these provisions require implementation by Augu st 2006; others will require im plementation in subsequent years. To implement the new law, EPA a nd states will work closely with tribes , other federal agencies, tank owners and operators, and other stakeholders to bring about the mandated change s affecting underground storage tank

facilities.

To see the full text of this new legislation and for more information about EPA’s work to implement the underground storage tank provisions of the law, see: http://www.epa.gov/oust/fedlaws/nrg05_01.htm