The Regulation of Underground Storage Tanks

The components of gasoline are among the most toxic substances common in our environment. Yet because petroleum products are so ubiquitous and essential to the economic well being of our society, the hazards associated with exposure to these toxics have often been overlooked. Recently, evidence of widespread groundwater pollution due to leaking underground storage of petroleum and other hazardous substances has come to light. Because dependence on groundwater for drinking water supplies is so great and because this dependence is expected to grow in the future, the Environmental Protection Agency has proposed a regulatory scheme to control and manage the hazards associated with underground storage. Groundwater aquifers are extremely fragile and finite resources deserving federal protection. This paper will attempt to illuminate the nature and scope of the underground storage problem and explore the solutions the EPA proposed through their regulation program. Of the state regulatory programs which exceed federal minimum requirements, the Rhode Island regulation plan will be analyzed as an especially sensitive and effective program which is likely to be emulated by other states with similar groundwater and tank conditions. Finally regulatory and non-regulatory measures which may be adopted by

on groundwater for drinking water supplies is so great and because this dependence is expected to grow in the future, the Environmental Protection Agency has proposed a regulatory scheme to control and manage the hazards associated with underground storage.
Groundwater aquifers are extremely fragile and finite resources deserving federal protection.
This paper will attempt to illuminate the nature and scope of the underground storage problem and explore the solutions the EPA proposed through their regulation program.
Of the state regulatory programs which exceed federal minimum requirements, the Rhode Island regulation plan will be analyzed as an especially sensitive and effective program which is likely to be emulated by other states with similar groundwater and tank conditions. Finally regulatory and non-regulatory measures which may be adopted by ii municipalities will be outlined along with enforcement procedures designed to ensure compliance and maximum protection of groundwater resources from pollution associated with underground storage of petroleum products and other hazardous substances.
iii ACKNOWLEDGEMENTS This work would not have been possible without the kind assistance and encouragement of Dr. John Kupa. His eloquence and his philosophy of strongly advocating for environmental concerns within a practical and realistic development framework has been an inspiration to me and will continue to be a source of guidance to me in my professional endeavors.
Within the Community Planning department, Dr. Howard Foster has continually displayed an unusual degree of patience, caring and flexibility which I often deeply appreciated.
To my husband, Hugh Maxwell, I am more than grateful.
He has been cheerful and unfailing in his emotional, financial and physical support through this project and throughout my years at C.P. A.D. Finally, the students at C.P. A.D. provided 2 . 1. 2. 2. 2. 3. Precipitation . . . . . Aquifers . . . . . . . . . . . . . . Contamination of Groundwater . .  . . . . . . . . . . . . 16 3 .1. 3 . 2 . 3.3. 3. 4. 3.5. The Role of the Environmental Protection Agency . . . . . . . . . Exclusions  For protection from fire and explosion risks, petroleum products are normally stored underground. The most typical storage facility is a retail gas station but 2 petroleum products are also stored underground at convenience stores, motor pools, trucking fleet headquarters, airports, bus companies, and marinas. Petroleum is also stored in millions of small tanks located at homes and at small businesses across the country. Leaking petroleum or chemicals can pollute groundwater and such leaks may remain undetected for years. Treating the contaminated water is usually not feasible due to high costs. Treatment methods usually result in a water quality that is less than satisfactory. Also, during any groundwater restoration effort, an alternative source of drinking water must be provided.

III FEDERAL REGULATION FOR THE UNDERGROUND STORAGE
Leaking tanks are not the only source of danger from stored petroleum. Spills and overfills account for a significant portion of the total groundwater pollutant load of petroleum (see Figure 1). Once on the ground, the product mass coats the soil and moves downward toward the groundwater where its soluble components mix with the water. The insoluble components usually float as a mass on top of the water.
Vapors can be inhaled by humans and are strongly suspected of causing serious illness. The chemical constituents of gasoline are extremely toxic; toxicological and limited human studies have found gasoline components to cause such health problems as anemia, nervous system disorders, kidney disease, cancer and lead poisoning . 1 Vent pipe • Spillage during tank filling I Figure 1.

Spills and Leaks Contaminating Groundwater
Petroleum products and other hazardous substances may be released into soil and eventually migrate to groundwater. This illustration shows that product may leak not only from the tank body itself but also from loose, broken or corroded pipes and fittings.
Spills and overfills also account for a significant amount of free product release and eventual migration to the water table. Source: Community Tank Census   3   4 Ingestion through drinking water and ingestion through the inhalation of fumes are both considered extremely hazardous.
It must also be remembered that gasoline and other petroleum fuels are extremely volatile. Vapors from spills or groundwater leaks may migrate to invade basements, buildings and sewer pipes, spreading the threat of explosion and fire far and wide.

Characteristics of Leaking Tanks
Most of the tanks in the ground today are made of steel coated with asphalt but many steel tanks were installed bare thus exposing the metal to the corrosive effects of the surrounding soil.

Fiberglass Reinforced
Plastic (FRP) has also been used as an alternative tank material for about the last twenty years. It is not subject to corrosion as steel is but FRP is subject to structural failure and must be installed with extreme care. There are approximately 1.4

million tanks across
the country that will be subject to regulation; according to EPA estimates about 89% are steel and the rest are made of FRP.
Prior to promulgating rules, in October of 1984 the EPA Office of Solid Waste undertook a study to obtain, document and analyze information concerning UST release incidents. Initial data collection was undertaken at the state level, with similar data later collected at the county and local level. The goals of the study were: to identify the number of documented UST release incidents and the degree of documentation in the state files 5 to analyze these data with respect to cause, impact, age, tank type and other relevant factors to determine whether any trends based on geographic distribution, tank age, materials stored, or other factors were apparent from the data . 2 The various states surveyed had differing enforcement procedures so the final summary contains some inherent biases. However, the results substantially enhance our knowledge and understanding of circumstances surrounding UST leaks and also the results have been generally supported by subsequent studies.
The 1984 study found that there had been a continuous increase in the number of release incidents reported to state agencies annually from 1970 to 1984. While the increase may have been due to improved reporting procedures, an increase in the actual number of release incidents during this time cannot be ruled out.
The study analyzed information compiled for 12,444 UST release incidents in all 50 states. It was impossible to determine the percentage of tanks that actually leaked due to the irregularity of reporting procedures, but about 65 % of the documented release incidents involved tanks at retail gas stations. This large percentage may have been due in part to the proximity of gas stations to population centers, which increases the likelihood of detection through si g hting and smelling leaks, spills and vapor.
Only about 3 % of the releases involved chemicals other than petroleum fuels and the majority of these releases occurred at chemical manufacturing facilities.

6
A full 95 % of the reported release incidents occurred at operating facilities, as opposed to abandoned facilities.
Larger quantities of released product were associated with operating facilities as well.
The median age of tank systems at the time of release was found to be 17 years.
Piping leaks occurred most frequently around the a g e of 11 years. Poor installation practices are thought to si g nificantly contribute to early pipe failures. Pipes usually have thinner walls than do tanks and therefore are more subject to corrosion leaks.
Piping leaks accounted for a signficant portion of the total number of release incidents; it was concluded that any effective leak control program must address both tank and pipe leaks.
Overfills and spills accounted for 15 % of all release incidents reported.
The study identified the most common documented causes of release incidents to be corrosion and structural fa i lure, followed by improper installation and loosened pipe fittings. Structural failure was found to be most closely associated with the more significant release 7 incidents, those involving 10,000 or more gallons of released product. Leaks associated with improper installation and loose fittings proved to be far more common in tank systems 10 years old or less.

Aquifers
The saturated soil materials found in the water table along with the groundwater itself, are collectively called the aquifer.
The special properties of the soils Precipitation will be absorbed by vegetative cover, percolate through soil to the groundwater, or else run off through surface water systems to streams, lakes or the sea.

THE HYDROLOGIC CYCLE
Because of the interconnected nature of groundwater systems it can be readily seen how releases from underground storage can affect groundwater quality even in areas distant from the place of release.
Source: Nashua Regional Planning Commission determine the holding capacity of the aquifer, especially the soil porosity (see Figure 3). Aquifers are also found in other types of soils, notably till. Till soils, which are made up of sands, silts, clays gravels and boulders are less stratified than outwash and have smaller pore spaces between the soil particles. Till may contain large amounts of groundwater, but extraction of this water is generally difficult.
Therefore, while till aquifers will yield enough water to supply a few households, they are generally not considered to have potential as municipal water supplies.
Bedrock aquifers also occur in the fractures and fissures of bedrock deposits but groundwater supply potentials from bedrock aquifers are generally considered to be insufficient for municipal level water supply purposes.
Yet if households or businesses use bedrock aquifers for SANO PARTICLE Figure 3.

Groundwater Aquifers
Aquifers are located within the water table and consist of deposits of sands and gravel of various sizes mixed with water. Potential yield of an aquifer depends upon particle size as well as an overall volume of the aquifer because particle size affects ease of water extraction.

Source:
Community Tank Census   13   14 water supplies or if such a need can be reasonably anticipated in the future, these bedrock aquifers must be aggressively protected from potential sources of pollution.
The recharge zone of an aquifer is that area of land The proposed rule is currently under consideration.
After an appropriate period for public and industry comment, the final rule will be adopted by May 1988. The following is an outline of the major provisions of the proposed rule as it appeared in the Federal Register of April 17, 1987.
While it is not certain that the final adopted rule will be identical to the proposed rule, it is expected that, with one exception to be examined below, most sections of the rule will be adopted as proposed. The EPA was very painstaking in its consideration of all comparable approaches to the steps it perceived as necessary to the containment of the problem of leaking underground storage tanks.

Exclusions to the Proposed Rule
The rules apply to all owners of underground storage tanks which contain a volume greater than 1,100 gallons and which are used to store petroleum products or other hazardous substances. Tanks

Summary of Proposed Federal Rule
The regulatory measures as proposed would establish requirements for both new and existing UST systems. The rules are intended to control the major causes of releases 18 from these tank systems. The major elements of this proposal are as follows: All new UST systems must be designed and constructed to retain their structural integrity for their operating life, including the use of corrosion protection of metal components. Cathodal protection must be monitored and maintained to insure that UST systems remain free of corrosion.
Proper installation standards must be followed when putting a new UST system into service. The owner and operator of the UST must certify that correct installation procedures were followed and must identify how the installation was conducted.

Owners and operators of both new and existing
UST systems must immediately follow proper tank filling practices to prevent releases due to spills and overfills. In addition, owners and operators of all new UST systems and existing UST systems equipped with external release detection must use devices that prevent spills and overfills.
Tanks can be repaired, but only once, if they are in sound enough condition to be repaired. Recommended industry practices must be followed to conduct repairs, and in addition, several tests must be conducted to ensure quality repairs.
Inudstry recommended practices with regard to tank system closure must be followed, and accordingly,   This is a common type of tank installation that might be found at a recent gasoline retail outlet.
Proposed federal regulation would significantly change and upgrade an installation such as this with double walled tanks and leak detection devices.

Source:
The Community Tank Census

22
The EPA considered requiring more stringent containment systems for tanks located in environmentally sensitive areas.
The idea of developing a class system for required containment based upon location in an environmentally fragile area was eventually rejected due to the difficulty in establishing criteria at the federal level for these sensitive areas.
It was determined that state and local implementing agencies would be better equipped to determine those geographical areas which would merit extra protection and that it would be within the authority of the implementing agency to establish more stringent requirements than those set forth by the EPA.
Since the overall success of regulation of USTs depends so heavily on state and local enforcement, it was felt that the implementing agencies would be better able to enforce the rules without the extra layer of regulation a federal standard of environmentally sensitive areas would present.

Financial Assurances
In addition to the above requirements, owners and operators of all new and existing UST systems will be required to produce financial assurances demonstrating the capability to bear the costs of clean-up of releases.
As clean-up costs can be extremely expensive, the EPA has recommended that each owner and operator be required to carry one million dollars insurance coverage per UST system. The obvious financial burden created by this requirements is the cause of some concern within the 23 petroleum industry, especially the small business retailers.
It is indeed expected that UST upgrading requirements, coupled with increased insurance requirements, will force some of the small marginal retailers to close their doors.
Despite this unfortunate effect, the EPA believes that public health considerations far outweigh the problems presented to some small businesses by the proposed comprehensive UST regulatory program.
Beyond the objections by small businesses to the additional financial burden placed upon them by the financial assurances clauses of the proposed rule, the insurance industry, which would be the providers of most of the coverage, has expressed some reluctance to offer policies on a large scale to the small businesses. At the time of this writing, in fact, insurance coverage for small tank owners is difficult, if not impossible to obtain. Many tank owners are currently covered by comprehensive general liability policies. These policies usually cover sudden accidental leaks but do not cover gradual pollution--the most typical sort of leak that results in groundwater contamination.
One insurance broker described the industry stance as a reluctance to aid and abet the pollution of the environment by taking the financial responsibility for cleanup out of the polluter's hands. The feeling is that if a UST system ope·rator does not have to worry about the financial consequences of a release, the incentive to take 24 precautions will be less storng. If EPA has authorized your state to administer its own program for USTs, any method of coverage approved by your state may be used.
If your state has established a clean-up fund that will pay for the costs of a leak then additional coverage may not be needed for the same costs. However, financial responsibility for costs of compensating those injured by leaks will still be the responsibility of the owner/operator, unless the state would also pay for those costs. 9

The Trust Fund for Leaking Underground Storage Tanks
As alluded to above, through the same amendments Congress provided Federal funds to clean-up petroleum leaks and spills from underground storage tanks. The Trust Fund for Leaking Underground Storage Tanks will strengthen current clean-up and enforcement efforts of 26 many states and localities.
The UST Trust Fund is being financed by a tax of 1/10 of one cent per gallon on motor fuels which will raise $500 million dollars over the next five years. The majority of these funds will be made available to the states. The EPA wants the states to enter into cooperative a g reements which will specify how the Trust money will be used. The role of the states is deemed extremely important because the EPA believes that state officials are generally closer to the scene and know more about tanks in their states and local site conditions than federal officials . 10 States can order, as well as conduct, clean-up operations. EPA and the states may compel the tank owners or operators to undertake, or to pay for, any of the following actions: Test tanks for suspected leaks; Excavate a site to investigate the extent of contamination; Assess how many individuals may have been exposed to petroleum contaminants and the seriousness of their exposure; Clean-up contaminated soil and water; Provide safe drinking water to residents whose supplies have been contaminated by a tank leak; If necessary, relocate residents temporarily or permanently.

·TANK TIGHTNESS 3 ·VAPOR MONITORING 5 ·INTERCEPTION BARRIER TESTING IN THE SOIL 6 ·DOUBLE-WALL TANK 2 ·IN TANK MONITOR 4 • GROUND-WATER WITH INTERSTITIAL MONITORING WELL MONITOR
Above are shown various types of methods approved by the EPA for detecting releases from underground storage tanks. State regulations vary and some may exceed federal regulation.
Some leak detection methods shown above may not satisfy all state regulatory requirements for leak detection methods. having had ample resources of their own to do so. As loan funds are limited ($1 million dollars in the first funding cycle) a weighted score system is applied to all applications. This scoring system is designed to determine how likely a leak occurrence is in each particular tank and how great the damage might be should a leak occur. According to DEM sources, applications have been forthcoming from the desired small business and private sector. 14 Some problems have been identified in the process.
For example, the application itself is lengthy and detailed; it is expected that staff may be needed to assist some tank owners with the application process. Also, a contractor to perform credit worthiness checks has yet to be retained as there was some difficulty in assessing a fair price for these services. Six USTs were also lost.
The Bangor response team answered called on 10 spills which released an estimated 15,000 gallons.
Two USTs escaped down the river. 16 The flood situation which gripped these Maine counties points up the need for strong individualized local programs to protect against the hazards that leaking USTs present.
Several types of vehicles exist for controlling these hazards, some regulatory and some non-regulatory.

Local Control of UST Hazards
Local officials interested in developing a protection program at the outset need to identify their own locality's reliance on groundwater, existing and proposed development and the political, social and economic issues associated with implementing groundwater controls and the pro-

The Community Tank Census
Since the need for local intiatives to control groundwater protection from leaking UST hazards cannot be overemphasized, innovative strategies must be considered. A census task force must actually conduct a search. As a basic plan, municipal records, tax maps, records of the building inspector, and records of the fire department ought to be examined to determine the location of all tanks, active and abandoned. A mailing program is usually part of the census.
In the absence of sufficient funds to cover contractor services for the tank survey, volunteer labor must be extensively utilized to complete the task of 44 registering all UST's in a given area. While a tank census might be an arduous and lengthy taks, communities with high dependence on groundwater should consider a tank survey to be supportive of their long-term interests in economic growth and environmental quality. 5.4. Enforcement Federal, state and local programs of hazard protection  Section 10.
Section ll.

Superseded Rules and Regulations ••
Hazardous Air Pollutants -Clean Air Act - The parpo•• of these requlations is to implement a reqistration system and to. ••t&blish facility desi9n requirements testinq achedul••• and cloaure requirements tor new and existinq underground storaqe tank systema in order to protect th• groundwaters and surface water• of th• State from pollution that may result from the· underground storage of petroleum products and hazardous material•. Cc) A number of small public and priva~• water supplies obtain water from till-covered fractured bedrock aquifers which underlie aJ:lout two-thirds of the State.
These aquifers are especially difficult to monitor and to reclaim once contaminated.
(d) A large portion of the State's future water supplies will be developed from groundwater sources due to the limited number of suitable sites for the construction of surface water reservoirs.
(e) The rapid escalation of groundwater contamination by petroleum products continues to cause property damage and poses an imminent peril to buman health by the migration of product and/or product fumes into underground utilities and basements, throughout our State.  28.22 or any orders by local fir• chiefs issued thereunder.
ABANCONMEN'? means the relinquishment or termination ot possession, ownership or control of underground stora9e tanks, by vacating or by dispoaition, without meetinq the closure requirements listed in Section 15 ot these regulations.
CLOStraZ means the removal ~:om se:vice of any underqround stora9e tank in accordance with the procedures contained in th••• r99ulations. ...J .L COMMENCED CONSTRUCTION means that th• owner or operator has obtained local approvals or permits necessary to begin physical construction and either has Cl) begun a continuous on-1it• physical construction proqram: or C2) entered into contractual obliqations -which cannot be cancelled or modified without substantial lo~s -for physical construction of th• facility to be completed within a reasonaal• time. EXISTING PACILITY means a facility which is in full operation or at which •substantial construction• has been initiated on-site or at which construction on any modification has commenced prior to the effective date of these regulations.
FACILITY means all contiquous land, structures, facility components and other appurtenances that form a district · qeoqraphic unit and at which petroleum products or hazardous materials are stored in underqround storaqe tanks.
PACILI'?Y COMPONENT means any underground tank and/or associated pipes, pumps, leaJc monitoring system, cat. hodic protection systems, vaults, fixed containers or appurtenant structures, otherwise referred to as facility components, used or desiqned to be used for the storaqe, transmission, or dispensing of petroleum products and hazardous materials and servinq institutions or industrial, commercial, agricultural or qovernmental operations or other uses not precluded by the provisions of Section 5 o~ these regulations.
GASOLINE mean• a petrolewa distillate, or blend• ot petrolewa distillates, havinq a ·Reid vapor presaure ot 7 pound• per square inch absolute (48.l k Pa) or greater and used, for ezample, for th• purposes of vebicl• propulsion.
GltOURDlfA~llt mean• water in th• saturated zone beneath the qround surface, and includes &11 underground waters ot whatner nature.
UJAlU>OOS ~IJUALS meau any material detined aa a •hazardoua aubatance• by section 101 (14) ot the Comprehensive Environmental Reaponae, Compensation, and OR-SIT! mean• th• same or qeoqraphically contiguous property which may be divided by public or private right-of-way, provided th• entrance and •~it between th• prcperties is at a cross-roads intersection, and access is by crossinq as opposed to qoing alonq, the right-of-way. Non-contiguous properties owned by th• same person but connected by a riqht-of-way which be controls and to which the public does not have access, is also c~nsidered on-site property.
OPERATE A FACILITY mean• to maintain petroleum product(s) or hazardous material(•) in underground storage tanks at a facility for purposes of storaqe, use or sale.
OP!BA1'0R means the person in control of or havinq responaibility for th• daily operation of a facility.
OWNER means the person who holds title to or lawful possession of a facility or part of a facility.
SPII.L means a loas of petroleum product or h~ardoua material iA a manner other than a leak, occurring on the property where a facility is in operation, and such that the product or material i• likely to en;er ground water o: surface water; and shall be consider.c! a relea•e from a facility.
SPII.L CON'?AIMME?ft' BASIN mean• a device installed in fill pipe manholes that prevents petroleum product or hazardous material spill• from leaching into the soil and qroundw· ater.
SOBS'?AH'?IAL CORS'?RUC'?IOR means that a continuous on-sit• physical construction proc;rua h.a• progressed to a point where at l• .. t 2!• of th• total project is completed or which represents an ~enditure of more than 2!' of the total coat of th• project for materials which are at the site.
SOBS'?AN'l'IAL MODIPICA'?ION of a tacility means modification to a tacility, facility component or nev facility plans that would conllict with information provided to th• CIR!CTOR in application for a certificate of r941istration or that would be 9%pect9d to r•sult in reduced performance of a facility component as it r•lates to l•aJc pr•vention or detection. Such modification includes but is not limited to: (l) Th• installation of tanks not recorded on the application tor a certificate of registration for the facility; (2) Onderqround storage tank repair, relining or replacement1 (3) ror petroleum products, changes in type of product •tored (qaaoline, No. l  ONDE!GROOND · STORAG! TANK .means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and th• volWD• of which (including the volume of th• underground pipes connected thereto) is 10 percent or more beneath th• surf ace of th• ground.
VAOLT means a secondary enclosure which houses an underground storage tank, contains any leaks from the tank, and provides protection from corrosive soils.
WAST! OIL mean• used or spent oil of any kind, including but not limited to those oils from automotive, industrial, aviation and other source categories.
SEC'l'ION 7. eacitIT'Y BEC;ISTBATION (a) The operator of a facility shall apply for and obtain a certificate of registration from the DIRECTOR in accordance with these regulations and pursuant to the following schedule: Cl) Ney ra,ilities, shall apply for and obtain a certificate of registration before commencing construction. 56 (2) !zis;fnq (aciliti11, includinq taciliti•• where modification• were commenced prior to October 9,1984   Civ) Size, construction material of tanks, and type of material stored.
(2) !Jilting r1siliti11 Ci) The results of a.ny testing conducted on all tanks and associated piping (it available).
(ii) Size, age, and construction material ot tanks, type of material stored, and existence of tank and piping protection devices. Cl) Information indicatin9 that the stora9e, location and/or operating procedures pose an immediate threat to public health or the environment: (2) The information submitted by th• application was incomplete, false or misleadinq; (3) Circwastance1 on which the certificate was ~•ed have materially and-sub1tantially changed sin.ce the certif icat• was issued.

· (b)
Upon th• denial or revocation of th• certificate of rec)i•tration the owner or operator shall immediately i,apl .. ent facility closure procedures in accordance with Section 15 of th••• regulations and obtain a certificate of clo•ure • . szaxo1 9. r:xxs:m; racn.xn amaruMz:rrs (a) All underground storage tanlcs at e%iating facilities that are equipped with remote pump•· shall be fitted with a lill• leaJc detection syst• within tvo (2) years of th• effective date of th••• r94Julations.

(b)
All unde· rground storage tanJcs at ezistinq facilities V shall be fitted with spill contaimaent ~sin• around all fill pip•• vithill two (2) years of th• effective date of th••• regulations.
(c) All ezistinq facility components (underground storage tanks ~d piping) which .do not conform to the new facility r.;uirement1 listed in Section 10 •hall meet th• followinq r.;uirement1: All ·ezisting facility component• (tanks and piping) that ver• installed on or after January l, 1965 shall be precision teated within tvo (2) years of th• effective date of th••• r9(Julationa. All ezisting facility components (tanks and piping) that were installed prior to Janu~ry 1, 1945 •hall be precision tested within one (1) . year of the effective da·te of these rec;ulations, and annually thereafter.
All ·ezistinq facility components Cunderqround •toraqe tanks and pipinq) for which the date of iJlitial installation is known and verifiable and that do not meet the new facility r.;uirements listed in Section lO •h&ll comply· vith one Cl) of the followinq: (A) ~h• underground storage tanx(s) and piping shall be precision tested in accordance with the followinq schedule (years after initial installation): !, a, ll, ll Precision testing shall be conducted on an annual basis for the underqround (I) ...J ./ storage tanks and pipinq i :ter 13 years of th• date of tank inata: .ation.
A continuou• monitorinq S! ;tq or sy1te .. compatible with tt : product/material stored ar : approved by th• DillC'l'OR ·shall be in•t 1lled within two (2)  (2) All delivery piping systema using a remote cump •hall be equipped with a line leak detection syst--. 61 (3) All metallic delivery piping shall employ swing joints at all changes in direction. (~) All delivery systems employing a suction pumping system shall use one only check valve in any 1uction line.
(5) All delivery system.a shall be pressure tested at lSOt of the working capacity (minimum of 50 pounds per square inch gauge) and pressure shall be maintained during th• teat for a minimum of one hour. Te1tin9 shall be conducted prior to backfilling of the delivery system pipe network.
(f) All piping shall be compatible with all of the products transported and tank materials used at th• facility. All testinq of material shall be performed uaing accepted enqineerinq practices approved by the DIR!CTOR for materials tested. The liner shall be installed under the supervision of the ·manufacturer of the secondary containment membrane liner system.
Th• tank• shall be installed and properly anchored in a manner con•i•tent with acceptable enqineerinq practices and standards for safety.
(iii) Approved Equal Secondary Containment System -any containment system that can be proven to be equivalent to the above sections (i,ii,) may be used subject to the approval of the DI.R!CTOR.

(h) Obstryation Wells
Cl) Any new facility that the DIR!CTOR determines to be located in an area where a leak could affect groundwater that may be used for present or future drinkinq purposes, in a watershed of present or tuture public water 1upply, or in an environmentally ••n•itive area 1hall have a minimum of three (3)  (iv) All well• shall have bottom caps.
(v) All wells shall be gravel packed and grouted.
(vi) Where possible the wells shall have a mounded 1urf ace seal around the well casing and an above grade locking security cover.
If the well must be tinished at ground level, a tamper resistant· cover that pre•ents surface runoff trom entering the wells shall be used.
[(i) Reserved tor new facility requirements tor under~round 1tora9e tanks used tor storinq No. 2 No substantial modification may be made to an existing or new facility for which an application for a certificate of re9iatration haa been f il•d or for which a certificate of re9iatration has been obtained without prior written notification to and approval by the •hall be subject to additional monitorinq and t•stin9 requirements as determined ~Y th• Dill!CTOll to be necessary for aquifer protection.

Ca) All owners or operators of new and ezistinq facilities
•hall maintain on the facility premises records of: (3) <•> 66 all data u•ed to complete th• application tor the certificate.
all cali~ration and maintenance perfo?med.
If such record keeping indicate• a di•crepancy of lt or more of tot&! volume stored in any tank, as a minilllWll, on a weekly ba•i•, .the owner or operator shall report such discrepancy in · accordance with Section 14, Leak and Spill le•ponse.
(b) Record• of th• infonaation li•ted in part (a) shall be uintained for a period of thr•• (3) years from the date they are made, or tor such longer period• •• required by the DillZC'?OA in an unresolved enforcement &C1:ion.
Cc) ~h• facility owner or operator mu•t make available to th• DillZC'?O~ upon reque•t, all records which the DillZC'?OR f ••l• pertinent to the enforcement of these rules and regulation•.
(d) Sect~on (13) (a) (5) doe• not apply to tanks used for storing fuel oil (No. 1, l-D, or 2) on site tor con•umptive use, or to tank• used tor storing waste oil. 67 SECTION 14. LEAJ ANO SPILL BESPQNS! (a) Any owner or operator who is ava.re of or haa cause to suspect a leak or spill from a ·facility shall r· eport it iipm9di1:11y to th• local fir• chief and th• DIRECTOR. Th• owner or operator shall file a written report with the DilllC'l'OR within seven (7) calendar days of the time th• leak or spill was first discovered and shall inclade th• known or presumed cause of the leak or 1pill, result• of any tests, inventories, monitoring or inspection• that indicate a leak or spill, the known or estimated quantity and type of product or material leaked or •Pi-led, and th• length of time the leak or 1pill waa occurring.
(b) At th• DillZC'l'OR'S request, th• owner shall arrange to precision test any facility component (tanJc and piping) which th• Dill!C'l'OR haa qood cause to suspect is leaJcinq within 24-hours of .. th• request. If ~o leak is detected, a written report of test results shall be sumaitted to th• DIUCTOR within 15 calendar days of · teat coapletion. A detected leak 1hall be reported in accordance with part (a) of this section.
(c) All leakinq facility components must be emptied within 24 hours of discovery of the leak, and •hall remain empty until such time that the leaking components are repaired or replaced in accordance with the · requirements of Section 10 and Section ll, or until the facility component is permanently closed in accordance with Section 15.
(d) The owner or operator of a facility that is located on property at which a leak or spill has occurred or at which the DIUCTOR has qood cause to suspect that a leak or spill haa occurred shall install observation wells on the property at the Dill!CTOR'S request. The number, conatruction and placement of these wells shall b• approved by the Dill!CTOR. SECTION 1,. C!.OsnR!! (a) Abandonment of underqround storaqe tanks is prohibited.
(b) Temporary Closure -The owner or operator of underground storage tanks that are removed from service tor 180 days or less shall: Cl) cap and secure against tamperinq all fill lines, qauqe openinqs and pump suction lines: (2) keep th• vent lines open; (3) m~intain records rec;arding: 68 Ci) -underground storage taik location and size; (ii) date on which undergroand storage tanks vere taJcen out of operation1 and (iii) th• p·rocedure• u•ed to maintain the racility in a safe condition.  (3) Obtain from the DIRECTOR a certificate of closure.
(e) An owner or operator that removes any underground storage tank(s) from ·service for more than 180 days and has not been granted an ext~nsion of temporary closure for more than 180 days by the DIRECTOR or who has abandoned any tank(s} shall either: (1) Remove underground tank(s) and related facility components in accordance with part (f} (l} of this section; or (2) Allow th• underground tank(s) and related facility components to remain in the ground, providing that th• requirements listed under part (f) (2) of this section are met.
(f) Permanent closure procedures: Cl) The owner or operator may permanently close underground storage tanks by removing ~he tanks and related facility components provided that: Ci) all product is removed from the tank(s) and conn~ting lines; (ii) the tank is cleaned to remove any residue or material in the tank, and such residue or material is disposed of in accordance with applicable State and Local laws and regulations; (iii) th• gaseous vapors are released at the site in a safe manner approved by the DIRECTOR; (iv) the DIRECTOR is given at least seventy-two (72) hours notice of the time of excavation of the underground components so that the sit• may be inspected for the presence of pollutants; (v) upon request of the DIRECTOR, structural supports necessary to ensure that the excavated area can be safely and thoroughly inspected for the presence of pollutants are installed; (vi) before disposal, a sufficient number of holes or openings shall be made in the tank(s) so as to render the tank(s) unfit for further use. No cutting torch or other flame or spark producing equipment shall be used until the tank has completely purged or otherwise rendered safe; (2) (vii) 70 any excavated contaminated soil or debris is disposed of in accordance with appropriate State and Federal laws and r99ulations.
Th• owner or operator of a Facility may permanently close underground storaqe tanks ' by allowing th• tank(s) and/or associated facility components to rema~ in th• ground provided that: (i) a Precision Test is conducted on the tanlc(s) and associated pipinq of the P•cility, th• resuits are furnished to th• DIUC'l'OR and th• test reveal• no leaks; (ii) all product from th• tanJc(s) and from all connectinq lines is removed; (iii) the tank is cleaned to remove any residue or material in the tank, and such. residue or material is disposed of in accordance vith applicable State and Local laws and r~ations1 (iv) all fill, qauge, pump and vent lines are disconnected and all inlets and outlets are capped or pl uqged ·; and (v) all tanks are filled completely with an inert solid material and all remaining · · underc;round piping associated with the tank(s) are capped and secured aqainst tampe~ing. · (q) If the Precision Test required in accordance with part (f) (2) (i) of this Section reveals leak(s) in the tank(s) or associated piping, the DIRECTOR shall determine which, if any, components of the Facility shall be removed to investiqate the extent of environmental damaqe.
(h) Any owner or operator of abandoned underqround storage tanks shall within six months from the effective date of these requlations close th• tanks in accordance with th• permanent closure requirements of this section.

Ci) Certificate of Closure
In accordance with part (d) of this section, the owner or operator of a tank to be permanently removed from service shall apply to the DIRECTOR for a certificate ot closure and shall provide the DIR.ECTOR with appropriate documentation substantiating compliance with these r99ulations. Such documentation shall include but not be limited to the results of precision (j) (le) 71 tests required. The DIRECTOR shall, base 1 upon a review of the application .and other infor: ation, det·ermine whether the Facility is in comp: iance with these regulations, and shall: (l) issue a certificate of closure: or (2) require that certain deficiencies be corrected prior to the issuance of a certifica e of closure and within a specified period of tim ; or (3) issue a certificate of closure with · onditions such as but not limited to monitorin , reporting or sit• restoration requirements, pr vided, however, that no conditional certifi ate of closure can be transferred to a new operator without conforming with the of Section 17, Transfer of Certifica Registration and Closure.
wner or requirements es of Any owner or operator that has not applie · for or obtained a certificate of closure in acco dance with this section shall be in violation of the e regulations and subject to the penalties referenced i . . Section 20 of these regulations.
All certificates of closure issued under .he •Emergency Regulations for Underground Storage racil .ties Osed for Petroleum Products and Hazardous Material •, adopted 9 October, 1984 .shall remain in full force .nd effect provided the owner and operator submit a · ·ritten certification in accordance with Section _5 of these regulations. to siqn documents has been assigned or dele9ated to the manaqer in accordance with corporate procedures.
Note: DIM does not require specific assignments or deleqations of authority to responsible eo;porate officers identified in l6(a) (l) Ci). The DIM will presume that these responsible corporate officers have th• requisite authority to sign permit applications unless the corporation has notified the DIRIC'?OR to the contrary. Corporate • procedure• governinq authority to sign permit application• may provide tor aaaignment or delegation to applicable eorpo.rate poaitions under lf(a)(l) (~i) rather than to specific individuals.
(2) Por a partnership or sole proprietorship1 by a general partner or th• proprietor, respectively1 (3) Por a municipality, State, Pederal, or other public aqency1 by either a principal executive officer or ranking elected official. Por purposes of this section, a principal executive of ticer of a federal agency includes: (i) The chief executive officer of the aqency, or (ii)" a senior executive officer havinq reaponaibility tor the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of !PA).
(4) ror a military installation: by the installation Cgmmandec of a rank of 06 or higher, if the installation employs more than 250 persons and aut.hority to siqn permit applications ha_ s been assigned or delegated to the Installation Commander in accordance with applicable Department of Defense (DoD) procedures. It an Installation ·commander does not meet these requirements, the permit application must be siqned by a superior officer who meets the requir•ments.
In 1dditign, where a tenant is present on the . installation and has authority or responsibility for any aspect of the requ.lated acti7ity, the ~enant Commander Crank of 06 or hi;her) must also sign the application. The Tenant Commander must also employ more than 2!0 persons and have been assiqned or delegated authority to sign permit applications in accordance with applicable coo procedures. Aqain, if th• Tenant Commander does not meet these requirements, the permit application must be siqned by a superior officer meeting the requirements.
(b) Reports. All reports required by these re9ulations and other information requested by the Director shall.be siqned by a person described in paraqrapb (a) of this section, or by. a duly authorized representative of that person. A person is a duly authorized representative only if: (1) (2) Th• authorization is made in writin9 by a perscn described in para9raph (a) of this section: Th= authorization specifies either an individual or a poaition havin9 responsibility for overall operation of the requlated facility or activity such as the position of plant manaqer, operator of a vell or a vell field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupyin9 a named position)1 and The written authorization is submitted to the Dilt!CTOR.
(c) Chan9es to authorization. If an authorization under paraqraph (b) of this section is no lonqer accurate because a different individual or position has responsibility for the overall operation of the facili:y, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the DIRECTOR prior to or · toqether with any reports, information, or applications to be siqned by an authorized representative.
(d) Certification. Any person si9nin9 a document under para9raph (a) or (b) of this section shall make the f ollowin9 certif icatlon: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 9ather and evaluate the information submitted. Based on rrt'f inquiry of the person or persons who mana9e the system, or those persons directly responsible .for 9atherin9 the information, the information submitted is, to be the best of my knovled9e and belief, true, accurate, and complete. I am aware that there are siqnif icant penalties for submittin9 false information, includin9 the possibility of fine and imprisonment for knowin9 violations.
(e) All owners and operators who obtained a certificate of reqistration or a certificate of closure pu:suant to the •EmerqenC"/ Re9ulations for Onderqround Storage Cl) The current certificate holder notifies the DIRECTOR in writinq by certified mail of the propoaed transfer at least thirty (30) days prior to the proposed •transfer date• and includes the followinq information: · (i) Name and address of current Facility; (ii) Name and address of new owners and operators; {iii) Names and addresses of persons upon whom legal process can be served; (iv) A notarized statement signed by a duly authorized officer or aqent of the new owner or operator statins that he has: (A) read the ori9inal application for a certificate of re9istration or closure and CB} believes that there has beer. no · substantial ~odif ication in the operations of the Facility since the certificate was issued; o: ( v) . 75 (C) describes the changes that have occurred since the certificate was issued.
A pro~osed transfer date on which the new owner .. will assume the certificate and all accompanying responsibility.
(2) Th• DIRECTOR does not notify the existing certificate holder and the proposed new certificate holder, within twenty (20) days of receipt of notice of proposed transfer, that additional information is needed or of an intent to modify, revoke or revoke and reissue the certificate. If such notice is not received, the transfer is effecti-ve on the date specified in the notice provided to the DIRECTOR pursuant to paragraph (a) (l) (v) of this section. (a) Any owner or operator of a facility ~ay submit a written request to the DIRECTOR for a variance from some or all provisions of these regulations.
(b) The owner or operator shall have the burden cf proving by clear and convincing evidence that a variance should be granted because alternative design or operating . standards are substantially equivalent to the regulations and will have no adverse effect on public health and the environment.
(c) If the DIRECTOR determines that there is widesoread public interest or that the 7ariance request raises major issues that could affect other facilities then the DIRECTOR may schedule a public hearing to solicit public comment prior to rendering a decision on the variance request.
(d) The DIRECTOR'S decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessa~J to protect the public health and environment. If any provision· of th••• regulations or the application thereof to any person or circumstances is held invalid by a coart of competent jurisdiction, the remainder of the rules and regulations shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections shall not affect th• validity of the remainder of these rules and regulations. · SEC'!'ION 20. PENA,LTIES Penalties will be assessed in accordance with Rhode Island Generai Laws Chapter 46 -12, 42-17.1, and 23-19.l for any violation of these regulations. ' .     Applications will at a minimum contain the following information.: 6.101 The name of owner of the business which owns the underground storage tank and the name of the owner of the property at which the tank is located. The nature of the ownership, i.e., sole proprietorship, partnership, corporation or other. 6.102 6.103 .. , Address of the property for which the loan is sought and its plat and lot number.
Certified copy of the deed or the lease for the property . 6.104 6.200 6.201 6.202 6.203 6.204 97 Names of all mortgage or lien holders and the original and outstanding balance of the mortgage liens.

CREDIT WORTHINESS
Applications must contain such additional information as is necessary to establish credit worthiness. Such information will be held in confidence.
Information required may include but will not necessarily be limited to: Income data including taxable yearly income and/or weekly income from all sources of the business.
Asset data including value of equipment and property or real estate.
Debt data including amounts owed on all loans, mortgages or rent payments.
Amount of the loan sought, substantiated by submission of three bids to be obtained from duly licensed engineers or contractors. 6.300 APPLICATION REVIEW PROCEDURE~ 6.301 Applications for loans to repair or replace underground storage tanks will be reviewed and ------100 6.600