PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 245]
Storage Tank Technical Standards
[26 Pa.B. 3073] The Environmental Quality Board (Board) proposes to amend Chapter 245 (relating to administration of the storage tank and spill prevention program). This proposal amends, adds and deletes several definitions. The proposal also contains an incorporation of the Federal underground storage tank regulations (found at 40 CFR Part 280 (relating to technical standards for owners and operators of underground storage tanks)) with minor changes and additions. Finally, the proposed amendments create new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for small and large aboveground storage tanks.
This proposal was adopted by the Board at its meeting of April 16, 1996.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Karl K. Sheaffer, Chief, Division of Storage Tanks, P.O. Box 8762, Rachel Carson State Office Building, Harrisburg, PA 17105-8762, telephone: (717) 772-5800; or Kurt E. Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P.O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, telephone: (717) 787-7060. Information regarding submitting comments on this proposal appears in Section J of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) and request that they relay the call. This proposal is available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state. pa.us).
C. Statutory Authority
This proposal is being made under the authority of section 106 of the Storage Tank and Spill Prevention Act (act) (35 P. S. § 6021.106), which authorizes the Board to adopt rules and regulations of the Department governing aboveground and underground storage tanks to accomplish the purposes and carry out the provisions of the act; section 301(a) of the act (35 P. S. § 6021.301(a)), which requires the Department to establish a regulatory program for aboveground storage tanks; section 301(b) of the act (35 P. S. § 6021.301(b)), which allows the Department to establish classes and categories of aboveground storage tanks; section 301(d) of the act (35 P. S. § 6021.301(d)), which requires the Department to develop a ''simplified'' regulatory program for small aboveground storage tanks; section 304 of the act (35 P. S. § 6021.304), which establishes permitting requirements for aboveground storage tanks; section 501 of the act (35 P. S. § 6021.501), which requires the Department to develop a regulatory program for underground storage tanks; section 501(b) of the act, which allows the Department to establish classes and categories of underground storage tanks; section 504 of the act (35 P. S. § 6021.504), which establishes permitting requirements for underground storage tanks; section 1101 of the act (35 P. S. § 6021.1101), which establishes permitting requirements for new aboveground storage tank facilities; section 1102 of the act (35 P. S. § 6021.1102), which requires the Board to develop siting regulations for new aboveground storage tank facilities; section 5(b)(1) of The Clean Streams Law (35 P. S. § 691.5(b)(1)), which authorizes the Department to formulate, adopt and promulgate rules and regulations that are necessary to implement the provisions of The Clean Streams Law; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which authorizes the Board to formulate, adopt and promulgate rules and regulations that may be determined by the Board to be for the proper performance of the work of the Department.
D. Background
This rulemaking package represents the final major new rulemaking package for implementation of the Commonwealth's storage tank program. Although amendments to the existing regulations in Chapter 245 may be forthcoming as a result of the Department's Regulatory Basics Initiative (a Departmental analysis of its existing regulations), this proposed rulemaking package covers the last major areas identified by the act as required to be covered by regulation. Sections 301(a) and 501(a) of the act outline the regulatory program the Department is required to develop for aboveground and underground storage tanks, respectively. These sections of the act mandate a regulatory program that includes, at a minimum, standards for the following: registration and permitting of storage tanks; release detection; periodic inspections of facility operation; inventory control; records maintenance; construction, testing, operation, repair and reuse of storage tanks; corrosion and release prevention; removal of storage tanks from service and closure reporting requirements. These sections also grant the Department the authority to issue permits by rule to certain classifications of storage tanks.
The major new proposal in this package is the adoption of Subchapters F and G (relating to technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks), which contain a comprehensive regulatory program for large and small aboveground storage tanks, respectively. Because the Federal government adopted underground storage tank regulations in 1988, the focus of the Commonwealth's storage tank program has been almost exclusively on those storage tanks, both from regulatory and compliance standpoints. While much work remains to be done in the underground storage tank arena, the Environmental Protection Agency's (EPA) 1998 deadline for the upgrading or closure of underground storage tanks is fast approaching. The Department expects that the passage of this National deadline should free up some resources previously devoted to outreach efforts in the underground storage tank program.
It should be recalled that the major impetus for the passage of the act in 1989 was the collapse of a large Ashland Oil aboveground storage tank on the Monongahela River in western Pennsylvania. These proposed subchapters represent an attempt to have standards of performance in place for the time when program priorities are able to shift more to the aboveground side of the storage tank equation. It should also be noted that many owners/operators are switching from underground to aboveground storage of regulated substances. The Department is concerned that this switch not take place in a vacuum but be carried out in an environmentally safe manner. As discussed as follows, these proposed amendments mainly require owners/operators to follow existing, Nationally-recognized industry standards. These standards are already acknowledged by the regulated community as sound business practice, from both environmental and economic perspectives.
Subchapter E (relating to technical standards for underground storage tanks) represents the Department's attempt to address Statewide concerns about the Commonwealth's underground storage tank program. The Commonwealth incorporated the Federal underground storage tank regulations in 40 CFR Part 280 by reference at 21 Pa.B. 4345 (September 20, 1991). Since that time, the interaction between the Commonwealth's storage tank program and the Federal regulations has been a source of confusion for both the Department and the regulated community.
In addition, 7 years have passed since 40 CFR Part 280 became effective in 1988, and changes are required to keep the program current. An example of this would be statistical inventory reconciliation (SIR). SIR represents an alternative method, developed in the last several years, for meeting EPA's inventory control requirements. Although EPA has developed an SIR protocol, there are no Federal regulatory requirements yet for SIR. By developing formal SIR rules modeled on the EPA policy, vendors of these services and their customers (the owners and operators of underground storage tanks in this Commonwealth) will know exactly what is acceptable and what is not.
For these reasons, the Department believes that having all underground storage tank requirements in one place (Chapter 245), as well as updating the underground storage tank regulations where necessary, is appropriate at this time. For the most part, the Federal regulations are codified unchanged. Where they have been altered, the change is noted and discussed in Section E of this Preamble.
Finally, the Department believes that the permitting provisions of the act are confusing and overly burdensome on tank owners and operators. Therefore, the Department is proposing the adoption of Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities), which contains regulations and waiver of permit fees for all operating permits. These changes should clarify exactly when a permit is required, when the permit is no longer valid and how an owner/operator goes about obtaining the required permits. These proposals also implement the requirements of Chapter 11 of the act (35 P. S. §§ 6021.1101 and 6021.1102).
The Department worked closely with informal technical advisory committees, as well as the Storage Tank Advisory Committee (STAC), during development of these proposed amendments. STAC, which was established by section 105 of the act (35 P. S. § 6021.105), consists of persons representing a cross-section of organizations having a direct interest in the regulation of storage tanks in this Commonwealth. As required by section 105 at the act, STAC has been given the opportunity to review and comment on these proposed amendments. At meetings on April 18, June 20, August 15 and October 24, 1995, STAC reviewed and discussed the proposed amendments. At the October meeting, STAC prepared a written report on the proposed amendments which will be presented to the Board. A listing of members of STAC may be obtained from Karl Sheaffer, whose address appears in Section B of this Preamble.
E. Summary and Purpose of Proposed Rulemaking
A brief description of the proposed amendments is as follows:
Subchapter A. General Provisions
1. Section 245.1 Definitions.
Section 245.1 is proposed to be amended by adding definitions, adopting definitions from 40 CFR Part 280 with minor changes and by modifying existing definitions used in this proposed rulemaking. The terms added are: ''coax vapor recovery,'' ''combination of tanks,'' ''corrosion protection,'' ''de minimis,'' ''emergency containment,'' ''highly hazardous substance tank,'' ''large aboveground storage tank facility'' and ''reconstruction.'' The definition of ''highly hazardous substance tank'' is based on reportable quantities of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) substances found in 40 CFR 302.4.
The definitions adopted from 40 CFR Part 280 with minor changes are: ''beneath the surface of the ground,'' ''CERCLA,'' ''cathodic protection tester,'' ''compatible,'' ''connected piping,'' ''consumptive use,'' ''corrosion expert,'' ''dielectric material,'' ''electric equipment,'' ''excavation zone,'' ''existing underground storage tank system,'' ''gathering lines,'' ''hazardous substance storage tank system,'' ''heating oil,'' ''hydraulic lift tank,'' ''liquid trap,'' ''motor fuel,'' ''new underground storage tank system,'' ''noncommercial purposes,'' ''on the premises where stored,'' ''operational life,'' ''overfill,'' ''petroleum system,'' ''pipe,'' ''piping,'' ''pipeline facilities (including gathering lines),'' ''residential tank,'' ''SARA,'' ''septic tank,'' ''stormwater or wastewater collection system,'' ''surface impoundment,'' ''tank,'' ''underground area,'' ''upgrade,'' ''underground storage tank system'' and ''wastewater treatment tank.''
The existing definitions in § 245.1 that were amended or modified are: ''aboveground storage tank,'' ''removal from service'' and ''underground storage tank.'' The ''aboveground storage tank'' definition is proposed to be modified to deregulate certain categories of tanks. The definition of ''underground storage tank'' is proposed to be modified to more closely follow the Federal definition. The definition of ''removal from service'' is proposed to be amended to provide more clarification.
2. Section 245.2. General.
Section 245.2 is proposed to be amended to remove the reference incorporating the Federal regulations governing underground storage tank systems contained in 40 CFR Part 280. These technical requirements are proposed to be codified in Subchapter E.
Section 245.2 is proposed to be further amended to adopt, by reference, Federal regulations at 40 CFR Part 280, Subpart I (relating to lender liability). By adopting this rule by reference, the Department will have regulations in place that provide clear protection to lending institutions who hold a financial interest in underground storage tanks. This rule clearly defines what represents a financial versus control interest for lending institutions. It compliments Act 3 of 1995 and works in concert with the goals of Act 2 of 1995. Through this rule, lending institutions should be more willing to take possession of forfeited underground storage tank sites, loan money for upgrades and invest in the development of new sites.
Subchapter C. Permitting of Underground and Aboveground Storage Tank Systems and Facilities.
1. Section 245.201. Scope.
This section outlines the scope of Subchapter C. Section 304(a) of the act states that a person may not install, construct, erect, modify, operate or remove from service, all or part of an aboveground storage tank unless the person has first obtained a permit from the Department. Similar language is found in section 504(a) of the act for underground storage tanks.
2. Section 245.202. Public records and confidential information.
This section contains standard boilerplate language regarding public availability of permitting information and establishes rules for confidentiality of certain portions of a permit application. Specifically, unless the application contains trade secrets, processes, operations, styles of work or apparatus of a person or is otherwise confidential business information, information shall be made available for public inspection or copying during regular business hours of the Department.
3. Section 245.203. General requirements for a permit.
As a matter of rule, a person may not operate an aboveground or underground storage tank system unless the person has first applied for and received a permit for the activity from the Department.
Subsection (b) excludes permitting applications for those storage tank systems that qualify for a permit by rule if the person maintains and operates the system in compliance with applicable rules, regulations and laws of the Department. Failure to do so may result in administrative or other Departmental actions against the owner/operator.
Subsection (c) allows existing storage tank systems to continue to operate until the Department may request a permit application or permitting information, if the system is operated in compliance with applicable rules, regulations and laws of the Department.
Subsection (d) allows continued operation until the Department takes a final action on the permit application.
Finally, subsection (e) requires that a permit first be obtained from the Department before a new storage tank system accepts a regulated substance.
4. Section 245.204. Form of the application.
Permit applications must be submitted to the Department in writing, on forms provided by the Department. The information must be concise and supported by proper reference.
5. Section 245.205. Right of entry.
Section 107(c)(3) of the act (35 P. S. § 6021.107(c)(3)) empowers the Department to enter storage tank facilities for the purpose of inspection or otherwise enforcing the act.
This proposed amendment requires tank owners/operators to provide irrevocable written consent to the Commonwealth and its authorized agents to enter the permitted area. For simplicity, the annual storage tank registration form has been modified to provide this written consent. Failure to register or sign the registration form, therefore, is a violation of the permit and could result in suspension, revocation, modification or other actions against the facility owner/operator.
6. Section 245.206. Verification of application.
This section requires that the official who is responsible for the applicant's storage tanks sign the permit application form. It is up to the applicant to determine who that official should be.
7. Section 245.207. Permit fee.
This section establishes permitting fees for site-specific installation permits for: (1) new highly hazardous substance storage tanks in excess of 1,100 gallons; (2) new large aboveground storage tanks at existing storage tank facilities; and (3) new aboveground storage tank facilities with an aggregate storage capacity in excess of 21,000 gallons.
The permitting fees established in section 304(c) of the act are waived for storage tanks qualifying for operational permits by rule or general permits. Therefore, for operational permits, no fees will be assessed. It is not anticipated that large numbers of new storage tanks or storage tank facilities requiring site-specific installation permits will be proposed in the near future. Therefore, few tank owners/operators will be required to submit permit fees. The proposed fee structure is designed to allow the Department to recover the reasonable costs associated with permit application reviews.
Permits by Rule 8. Section 245.211. Scope
All small aboveground storage tanks systems, except those systems storing highly hazardous substances, and all underground manufactured tank systems storing petroleum qualify for an operational permit by rule. To minimize paperwork, a permit by rule requires no additional information beyond that submitted as part of the annual registration form. Permitting fees are also waived.
9. Section 245.212. Minimum requirements for obtaining a permit by rule
This section describes the operational permit requirements for permit by rule storage tanks. To receive and maintain a permit by rule, the owner/operator must annually register the tank; use certified individuals for inspections and tank handling activities; meet applicable technical, administrative and operational requirements; submit a current spill prevention and response plan where required; meet applicable financial requirements; and follow corrective action procedures where necessary. Failure to comply with the these requirements could result in administrative or other Departmental actions to assure compliance.
General Permits 10. Section 245.221. Scope.
Storage tank systems not covered by a permit by rule for operation are subject to a general operating permit. Between those facilities receiving a permit by rule or a general operating permit, the full universe of regulated storage tanks in this Commonwealth will receive operating permits, thus eliminating burdensome paperwork for the regulated community. Again, as with permits by rule, the Department proposes to waive the permit fee and to rely upon existing informational requirements as the basis for the permit.
11. Section 245.222. Application requirements.
The permitting requirements for a general permit are the same as those for a permit by rule; with the exception that all large aboveground storage tanks must have a current Spill Prevention and Response Plan (SPRP) that is in conformance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904). In both the permit by rule and the general permit, the Department proposes that inspection reports, tank handling forms, SPRPs, registration forms and other routinely required paperwork become part and parcel of the permit. This information will serve to update and renew the permit as it is submitted.
Site-Specific Installation Permits 12. Section 245.231. Scope.
This section establishes the classes of proposed new storage tank systems and facilities which must receive site-specific permits prior to installation. Chapter 11 of the act contemplates owners or operators of proposed new aboveground storage facilities in excess of 21,000 gallons, or new storage tanks at existing facilities in excess of 21,000 gallons, receiving a site-specific installation permit prior to construction. In addition, the Department believes it to be in the best interest of the citizens of this Commonwealth to require that newly proposed, highly hazardous substance tanks provide written notification prior to installation so that the potentially affected public has the opportunity to provide comment on the proposal to install a storage tank system.
13. Section 245.232. General requirements.
Applicants for a site-specific permit must provide certification that all required administrative, technical and operational requirements specified in Subchapters B, E, F and G will be met. Additionally, a right of entry form, information on siting requirements, an environmental assessment, a current SPRP and proof of public notification are required. This information is consistent with the requirements of Chapter 11 of the act. The permit must be approved by the Department before construction activities commence at the site.
14. Section 245.233. Mapping requirements.
Adequate technical review and compliance with siting requirements require the applicant to provide a map identifying certain features within and adjacent to the proposed new facility or the proposed location of the new large aboveground storage tank at an existing facility. The mapping requirements, to be plotted on a map of not less than a 1:400 scale, include the following: boundaries for the proposed facility, location of public roads or proposed monitoring wells, the municipality where the proposed facility is located, elevation and locations of test borings, as well as ownership and location of inactive or abandoned underground mine workings. The applicant must also provide information on surface water, location and ownership of public and private groundwater supplies, slope measurements and the location of any private or public surface water intakes within 20 miles downstream of the proposed site. This information is consistent with that required to prepare an SPRP. The expanded map and location of test borings and monitoring well locations are informational requirements beyond those required in the SPRP but are necessary if the site is to be adequately assessed.
15. Section 245.234. Siting requirements.
Section 1102 of the act (35 P. S. § 6021.1102) requires the Department to develop siting regulations for new aboveground facilities. Section 1102 of the act also requires that the Board hold at least one public hearing on the proposed siting requirements. A public hearing has been scheduled, as noted in Section K of this Preamble.
For public health and safety reasons, as well as the other requirements of section 1102 of the act, the Department believes that the public interest and environment can be best protected by requiring applicants for site-specific permits to address the location of wetlands, floodplains, limestone geology and previous underground mining operations. These criteria go directly to section 1102's mandate that the Department consider flooding, water quality, topography, hydrogeology and public health and safety.
Proposed § 245.234(a)(1) would prohibit the placement of new facilities on floodplains. The proposed § 245.234(a)(2) would prohibit the installation of new facilities or new tanks covered by site-specific installation permits in existing wetlands. New proposed facilities or tanks must consider sinkholes, solution tunnels and underground mining to assure stability of the site as well as the ability of the site to contain a spill in the event of a catastrophic release such as the Ashland Oil accident in 1989.
While assuring that new facilities site in safe and environmentally sound locations, the Department recognizes that many existing facilities are located on floodplains. This practice usually is the result of reliance upon barge or tanker transport of regulated petroleum substances. Accordingly, the proposed amendments allow for new large aboveground storage tanks to be constructed where an industrial use already exists on a floodplain.
Finally, the applicant must assure that minerals providing surface support will not be mined as long as the facility stores regulated substances.
The information needed to meet the siting requirements should be readily available. Additional site-specific investigations are proposed to be required where the site has been previously undermined and the applicant needs to develop a stability plan. The additional requirements are not expected to be overly burdensome and are the same kinds of activities performed for any large surface construction project.
16. Section 245.235. Environmental assessment.
This section requires the applicant to provide information on several other environmental amenities which are regulated under other State and Federal laws; for example, wild and scenic rivers, threatened or endangered species and special protection watersheds. The facilities and tank systems covered by these installation permits are large enough, or store the substances, as to potentially have a serious impact on these important resources. For the purposes of the assessment, the Department will coordinate any necessary reviews with the appropriate State or Federal agencies and will work with the applicant to minimize or mitigate any identified adverse environmental impacts.
17. Section 245.236. Public notice.
In addition to the notification requirements proposed in § 245.232(b)(2), before beginning construction the applicant must give written notice to the local municipality and county, in accordance with section 1101(a) of the act.
Owners proposing to install a new highly hazardous substance storage tank must provide written notice to the local municipality and county prior to installation. This notice is a permitting requirement which must be met prior to construction. Requiring public notice prior to the installation of a storage tank system is not specifically required by the act. The Department believes, however, that it is in the best interest of public health and safety that a notice is served, given the potential toxicity of this class of regulated hazardous substances. This requirement is also similar to Federal requirements found at 40 CFR Part 370 (relating to hazardous chemical reporting: community right-to-know).
Subchapter E. Technical Standards for Underground Storage Tanks and Facilities.
The purpose of this subchapter is to codify Federal requirements found at 40 CFR Part 280. The proposed Subchapter E establishes general, inspection, underground storage tank system design and construction, general operating, release detection and out-of-service underground storage tank system and closure requirements for storage tank facilities regulated under the act. Part 280 of 40 CFR was previously incorporated by reference, with minor exceptions, at 21 Pa.B. 4345 (September 20, 1991). By codifying the Federal technical standards in Chapter 245, the regulatory requirements will be fully detailed in one document. The Department believes that this will lead to greater clarity and simplicity, assisting the public and the regulated community in understanding the requirements for underground storage tank systems in this Commonwealth.
1. Section 245.401. Purpose.
This section states the purpose of Subchapter E, which sets forth the operational and technical requirements for underground storage tanks and underground storage tank facilities.
2. Section 245.402. Scope.
This section establishes that this subchapter applies to underground storage tanks regulated under the act and Chapter 245.
3. Section 245.403. Applicability.
This section clarifies that this subchapter applies to all owners and operators of underground storage tank systems, as well as installers and inspectors of those systems
4. Section 245.404. Variances.
This section establishes a procedure for owners/operators to apply for a variance from the requirements of this proposed subchapter when unique or peculiar circumstances make compliance technically infeasible or unsafe and alternate methods fully protect human health and the environment. Similar procedures and allowances are contained within the individual sections of 40 CFR Part 280 (for example, see 40 CFR 280.21(a)(2)(iv)). The Department believes that having a general section dealing with these alternative methods of meeting the performance standards for underground storage tank systems is preferable for meeting the goals of clarity and ease of understanding.
5. Section 245.405. Codes and standards.
This section specifies that underground storage tank systems must comply with applicable industry codes and establishes a mechanism for recognizing additional codes. A list of codes for complying with this subchapter will be available from the Department.
6. Section 245.411. Inspection frequency.
This section establishes operations inspection criteria consistent with the act and proposes a phase-in period to begin the operations inspection process at existing underground storage tank facilities.
7. Sections 245.421 and 245.422. Performance standards for new underground storage tank systems, and upgrading of existing underground storage tank systems.
These sections codify the current Federal requirements for performance and installation requirements for new underground storage tank systems and the December 22, 1998, upgrade requirements for existing systems. The proposed § 245.422 clarifies that all underground storage tank systems, which do not have corrosion protection, spill and overfill prevention by the December 22, 1998, deadline, shall be closed in accordance with the closure requirements.
8. Section 245.423. Registration requirements.
This section specifies the registration requirements for underground storage tanks, including when registration must be amended.
9. Sections 245.424 and 245.425. Standards for new field constructed tank systems and reuse of removed tanks.
These sections clarify the technical requirements for new field constructed tank systems and used tanks that will be reused. These sections provide standards for both groups of tanks equivalent to manufactured tank standards contained in 40 CFR 280.20 (relating to performance standards for new UST systems).
10. Sections 245.431--245.435. Spill and overfill control, operation and maintenance including corrosion protection, compatibility, repairs allowed, and reporting and recordkeeping.
These sections address the general operating requirements for spill and overfill control, corrosion protection, system compatibility, system repairs, reporting and recordkeeping. These sections are consistent with Federal technical requirements in 40 CFR Part 280. The proposed § 245.434 does go beyond the Federal requirements by requiring the use of certified installers to conduct tank handling activities on underground storage tank systems, in accordance with section 501(c)(2) of the act.
11. Sections 245.441--245.446. General requirements for all underground storage tank systems, requirements for petroleum underground storage tank systems, requirements for hazardous substance underground storage tank systems, methods of release detection for tanks, methods of release detection for piping and release detection recordkeeping.
These sections specify the piping and tank release detection requirements for petroleum and hazardous substance systems and release detection recordkeeping requirements. Specific requirements set forth in § 245.444(8) (relating to methods of release detection for tanks) are consistent with EPA proposed recommendations, although specific regulations dealing with SIR do not currently exist in 40 CFR Part 280. The Federal requirements allow other release detection methods provided that the method can effectively detect a release; when conducted properly SIR provides such an option. Proposed § 245.441(a)(3) (relating to general requirements for underground storage tank system) shows SIR in the leak detection table.
The proposed requirements in § 245.441(a)(3)(i) and (ii) comply with the recommendations concerning SIR of the state/Federal workgroup assembled by EPA to consider leak detection issues. The workgroup is comprised of members from seven states, several EPA regions and EPA's Office of Underground Storage Tanks in Washington, D.C. The Department believes that independent evaluation of SIR performance claims and reevaluation when National standards change are necessary to ensure that Pennsylvania's owners/operators receive valid tests results from SIR vendors.
12. Sections 245.451--245.455. Temporary closure, permanent closure and change-in-service, assessing the site at closure or change-in-service, applicability to previously closed underground storage tank systems, and closure records.
These sections specify requirements for temporary closure and changes-in-service for a tank system, site assessment requirements, initiating corrective action when contamination is discovered, site assessment requirements of underground storage tank systems closed prior to December 22, 1988, and closure record requirements. Proposed § 245.452(c) specifies replacement of system piping as a closure activity. Although this provision is not explicitly contained in the Federal regulations, the program believes that this provision is consistent with the intent of those regulations, which require measurement of the portions of the underground storage tank site where releases are most likely to be present when closure takes place (40 CFR 280.72(a)). There is also a compelling public interest in assessing sites where piping-only closures take place. In many release situations, it is the piping holding regulated substances that leaks rather than the underground storage tank itself (''. . . piping releases occur twice as often as tank releases; . . . When piping systems fail, pressurized systems pose a significant added threat of sudden, large releases.'', 53 FR 37088). In the latest report of the Underground Storage Tank Indemnification Fund, over 20% of all claims investigated over the past 2 years involved a release from piping runs. For these reasons, the Department believes that piping-only closures should be conducted in a manner that actively determines whether or not that piping run had a release while it was operating.
Subchapter F. Technical Standards for Aboveground Storage Tanks and Facilities.
This proposed new subchapter is necessary to establish minimum technical standards for aboveground storage tanks under section 301(a) of the act. There are no corresponding comprehensive Federal aboveground storage tank regulations.
The technical and operational standards established by this subchapter and Subchapter G generally must be met by both ''operators'' and ''owners'' (as defined by section 103 of the act) of aboveground storage tanks. The Department recognizes that business arrangements may exist where a person might own a storage tank but leases the tank to a separate facility owner or operator. In these arrangements, the tank owner may not have the ability to access the storage tank in a manner necessary to ensure that the Department's technical and operational requirements are met. In cases where a violation of those standards occurs, the Department may take these circumstances into account when considering options to achieve compliance with the standards.
In addition, the Department recognizes that arrangements between tank owners and operators for meeting the Department's technical and operational standards exist. The Department may take these agreements into account as well if violations occur and compliance options are considered.
It is very important to note, however, that the underlying statutory liability remains, in most cases, with the tank owner as well as the tank operator. The Department does not limit its right to enforce the act and the regulations promulgated under the act against any person defined as a responsible party by the act.
1. Section 245.501. Purpose.
This section states the purpose of Subchapter F, which is to set forth technical standards and requirements for large aboveground storage tanks regulated under the act.
2. Section 245.502. Scope.
This section requires adherence to current industry codes of practice, manufacturer's specifications and sound engineering practices for compliance with the standards and requirements set forth in this proposed subchapter. This section also establishes how this proposed subchapter relates to other regulatory and jurisdictional requirements.
3. Section 245.503. Variances.
This section establishes a procedure for owners/operators to apply for a variance or waiver from the requirements of this proposed subchapter when unique or peculiar circumstances make compliance technically infeasible or unsafe and alternate methods fully protect human health and the environment.
4. Section 245.504. Referenced organizations.
This section provides a listing of Nationally recognized associations which are referenced throughout this proposed subchapter, and whose codes, standards and practices may be used to comply with the proposed requirements of this subchapter. The Department could have included these specific codes in this proposed rulemaking. However, given the fairly rapid change in technology and the continuing revisions of current industry standards, the Department believes that a technical guidance document offers more flexibility and would allow response to changes more easily than the current rulemaking process.
As noted, the Department maintains a technical manual for installers and inspectors that provides more detailed information and diagrams from industry codes of practice which may be used to satisfy the requirements of this proposed subchapter. The Department intends to expand this manual, update it as necessary and make it available to owner/operators, as well as installers and inspectors, to assist them in determining which codes and practices are applicable to their specific requirements.
5. Section 245.511. General operations and maintenance.
This section provides the requirement that storage tank facility owner/operators must establish a formal operations and maintenance program.
6. Section 245.512. Facility operations and spill response plan.
This section addresses the requirement to establish a Spill Prevention Response Plan as described in Chapter 9 of the act. The Department has published a technical document which provides detailed guidelines on how to develop and implement the plans.
7. Section 245.513. Preventive maintenance and housekeeping requirements.
This section provides for preventive maintenance and housekeeping requirements. It establishes owner/operator routine maintenance inspection procedures which include: daily checks of the facility during routine operations, or electronic surveillance during nonroutine operating hours or for unmanned facilities when product transfers are taking place. This section also proposes monthly maintenance inspection requirements that correlate with current industry practices.
8. Section 245.514. Security.
This section provides the requirement that owner/operators are to establish appropriate security measures and procedures. While several key considerations are addressed, specific requirements will vary considerably based on facility design, location, substances stored and fire marshal or local jurisdictional requirements. Therefore, meeting this performance standard in the most efficient manner is a choice left to the owner/operator.
9. Section 245.515. Labeling/marking of aboveground tank systems.
This section provides a performance standard for labeling or marking of aboveground storage tank systems and allows for flexibility for owners/operators to develop a suitable means for identifying substance flow and control points when transfer of regulated substance is taking place. Facilities with existing methods that comply with current industry practices and jurisdictional requirements should satisfy requirements of this proposed subchapter.
10. Section 245.516. Recordkeeping requirements.
This section establishes recordkeeping requirements, identifies specific documentation to be retained and the proposed retention periods.
11. Section 245.521. Performance standards for aboveground storage tanks.
This section outlines performance requirements and identifies specific sections of the design, construction and installation portion of this subchapter which must be adhered to in order to comply with performance requirements.
12. Section 245.522. New aboveground tank installations and reconstructions.
This section provides the requirements for design, construction, reconstruction, relocation and the associated testing and inspection of aboveground storage tanks according to current industry codes of practice and manufacturer's specifications. Field constructed storage tanks and reconstructed storage tanks must be hydrostatically tested (following American Petroleum Institute recommendations) unless other suitable testing methods are approved by the Department.
13. Section 245.523. Aboveground storage tanks in underground vaults.
This section provides requirements for installing aboveground storage tanks in underground vaults. These requirements are consistent with State Fire Marshal requirements at 37 Pa. Code Chapter 14 (relating to vaults for the storage of flammable and combustible liquids--statement of policy).
14. Section 245.524. Aboveground tank modifications.
This section provides requirements for modifying existing aboveground storage tanks and the associated testing and inspection of the completed modification. These requirements follow current industry standards and manufacturer's specifications.
15. Section 245.525. Ancillary equipment for aboveground storage tanks.
This section addresses design, installation and maintenance requirements for ancillary equipment, including vents and control valves.
16. Section 245.526. Piping for aboveground storage tanks.
This section provides design, construction and testing requirements for new and replacement piping and provides testing and upgrading requirements for existing piping. Piping that currently does not meet these standards shall be tested for tightness annually, beginning within 3 years after this proposal becomes final.
17. Sections 245.531--245.533. Corrosion and deterioration prevention.
These sections provide requirements for general corrosion and deterioration prevention and cathodic protection systems.
18. Section 245.534. Interior linings and coatings.
This section provides requirements for coating or lining systems used to protect tank interiors and tank bottoms from corrosion. These requirements are consistent with current industry practices.
19. Sections 245.541--245.543. Release prevention and leak detection.
These sections establish requirements for overfill prevention, emergency containment, secondary containment and leak detection. Proposed containment permeability standards are consistent with Department technical guidance and current industry practice. Usage of the term ''emergency containment'' is consistent with the new definition in the proposed amendment to Subchapter A contained in this rulemaking package. This definition correlates with industry use of the term ''secondary containment.'' ''Secondary containment'' is currently defined by section 103 the act, however, and the Department is bound by that definition.
Phase-in periods are established for existing tank systems. Double walled tanks, double bottom tanks, dikes, berms, retaining walls, vaults, curbing, retention basins, holding tanks, sumps and other containment structures of sufficient impermeability may be used to achieve compliance with containment requirements.
20. Sections 245.551--245.554. Aboveground storage tank inspections.
These sections establish inspection criteria consistent with the requirements of section 301(a)(2) and (c) of the act and § 245.21 (relating to tank handling and inspection requirements). Department certified third-party inspectors must be used to inspect storage tank installation and major modification activities and to perform in-service inspection and out-of-service inspection of storage tank systems at specific intervals. These intervals are based on corrosion rates determined in a manner that is consistent with current industry practices. Phase-in periods are proposed for beginning in-service inspections and out-of-service inspections at existing storage tank facilities.
21. Sections 245.561 and 245.562. Closure and removal from service requirements.
These sections provide procedures for permanent closure (removal and decommissioning) of storage tank systems, procedures for change-in-service to an unregulated substance or unregulated use and procedures for temporary removal from service of storage tank systems. The proposals would allow storage tank systems to be temporarily taken out-of-service for up to 5 years; however, corrosion and deterioration requirements, leak detection requirements, maintenance requirements and inspection requirements must be adhered to during the temporary out-of-service period.
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