[26 Pa.B. 3073]
[Continued from previous Web Page] Subchapter G. Simplified Program for Small Aboveground Storage Tanks.
This proposed new subchapter is necessary to establish minimum requirements to regulate small aboveground storage tanks under section 301(d) of the act. There are no corresponding Federal regulations for small aboveground storage tanks.
1. Section 245.601. Purpose.
This section states the purpose of Subchapter G, which is to set forth technical standards and requirements for small aboveground storage tanks having a capacity equal to or less than 21,000 gallons and regulated under the act.
2. Section 245.602. Scope.
This section establishes the Department's intent to apply current industry codes of practice, manufacturer's specifications and sound engineering practices for compliance with the performance standards and requirements set forth in this proposed subchapter. Adherence to manufacturer's specifications is especially important for this class of storage tanks, as small aboveground storage tanks are almost exclusively shop-built tanks. This section also establishes how this proposed subchapter relates to other regulatory and jurisdictional requirements.
3. Section 245.603. General storage tank facility requirements.
This section provides that owner/operators of facilities, with an aggregate storage capacity greater than 21,000 gallons, must establish a Spill Prevention Response Plan as described in Chapter 9 of the act. The Department has published a technical document which provides detailed guidance on how to develop and implement the plans.
This section also provides that owner/operators are to establish appropriate security measures and procedures. Several key considerations are addressed. Specific requirements at each site will vary considerably based on facility design, location, substances stored, fire marshal requirements and local jurisdictions.
4. Section 245.604. 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 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 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
This section provides requirements for testing new storage tanks at installation and for testing existing storage tanks that receive major modifications to the tank shell or the tank bottom. Testing must be consistent with a current industry code of practice and manufacturer's specifications.
6. Section 245.612. Performance and design standards.
This section provides performance standards for the design and construction of new storage tank systems and modification or upgrading of existing storage tank systems, or both. These proposed standards are consistent with current industry standards, manufacturer's specifications and sound engineering practices. This section refers to the standards in Subchapter F for tanks installed in underground vaults and used for dispensing Class I and Class II motor fuels (see discussion of § 245.523) and for tanks which are internally lined (see discussion of § 245.534).
This section also establishes requirements for secondary containment in, around or under tanks to provide monitoring capability to meet leak detection requirements. In most situations, stationary foundations for horizontal and saddle mounted tanks will satisfy this requirement. Emergency containment requirements are also addressed. Emergency containment is required to contain releases from overfills, leaks and spills and may also suffice as secondary containment for monitoring and leak detection requirements. Emergency containment must be sufficiently impermeable to contain any potential release until the release can be detected and expeditiously removed.
A variety of containment structures may be used to satisfy secondary containment and emergency containment performance standards. These include double walled tanks, double walled piping, double bottom tanks, dikes, berms, retaining walls, vaults, curbing, retention basins, holding tanks, sumps and other containment structures of sufficient impermeability. In the case of tanks, the containment structure must also have sufficient capacity to retain 110% of the capacity of the largest tank in the containment area.
7. Section 245.613. Monitoring standards.
This section establishes performance standards for leak detection and owner/operator maintenance procedures. Any appropriate form of leak detection, including visual examination, may be used to satisfy leak detection requirements. Maintenance and general operations must be checked at least once a month. The Department will provide a sample monthly maintenance checklist in the updated technical manual, which may be used by owner/operators to satisfy the requirement of documenting monthly maintenance checks. Owners may establish written agreements with operators or with a third-party to conduct and record monthly maintenance checks.
8. Section 245.614. Requirements for closure.
This section provides for closure (removal or decommissioning) of existing storage tanks. Owners/operators must document closures or changes in the service status of each tank, or both, on the Tank Registration Form provided by the Department. Documentation shall be provided to the Department within 30 days after completing a permanent closure or change in service status of a small aboveground storage tank, or both. Until the Department receives notification that a tank is temporarily removed from service, a tank is considered to be in-service and must comply with all regulatory requirements.
9. Section 245.615. Recordkeeping requirements.
This section establishes recordkeeping requirements, identifies specific documents to be retained and the proposed retention periods.
10. Section 245.616. Inspection requirements.
This section establishes inspection criteria consistent with the requirements of section 301(a)(2) and (c) of the act and § 245.21. Department certified third-party inspectors must be used to perform in-service inspections of small aboveground storage tank systems at specific intervals as well as inspecting the installation, reconstruction, relocation and major modification activities performed on all field constructed storage tanks. Because almost all small aboveground storage tanks are shop-built, this latter requirement is not expected to have much impact on owners/operators of these storage tanks. Phase-in periods are proposed to begin in-service inspections at existing storage tank facilities.
F. Benefits and Costs
Executive Order 1996-1 requires a statement of the benefits of a proposal, as well as the costs which may be imposed for the Commonwealth, local government, the private sector and the general public. It also requires a statement of the need for, and a description of, any forms, reports or other paperwork required as a result of the proposal. Because four separate proposed subchapters are included in this rulemaking package, they will be addressed individually in each category.
Benefits Subchapter A: By adopting the Federal Lender Liability 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: Given the size of the regulated universe of underground and aboveground tanks in this Commonwealth, a ''traditional'' permitting program for the operation or installation of tanks could never succeed, as processing so many forms in a timely manner would be extremely cumbersome. Therefore, this subchapter focuses only on those storage tanks determined by the General Assembly to be of the most concern from a permitting perspective--the installation of aboveground storage tanks with greater than 21,000 gallons capacity at a new or existing facility. These storage tanks can be quite large, going into millions of gallons of capacity. If designed correctly and placed in a safe location, they can also be quite safe. The focus of this subchapter is to ensure that these tasks are carried out properly.
Subchapter E: This subchapter primarily codifies existing regulations, so new benefits as a result will be limited. The major benefit of taking this action is that all regulations for underground storage tanks will be contained in one place, allowing owners and operators to understand what is required without having to turn to 40 CFR Part 280.
There are smaller benefits to this part of the package as well. With the promulgation of SIR regulations, owners and operators who use these methods to meet release detection requirements will be assured that they are receiving valid results. Underground tank owners/operators are also put on notice that use of a coax vapor recovery system will nullify overfill protection provided by flow vent valves, thereby reducing money wasted on equipment that will not meet the established performance standards. Finally, many issues that were left unclear by 40 CFR Part 280 (for example, when a removed underground storage tank can be reused) are answered by this proposed subchapter, eliminating confusion.
Subchapters F and G: With the promulgation of these subchapters, the Commonwealth will finally have a comprehensive regulatory program for aboveground storage tanks. These subchapters are designed to reduce the likelihood of the Commonwealth seeing another release of the magnitude that occurred in Ashland Oil's 1989 tank collapse. By relying on industry standards as the basis for performance standards in the various areas of aboveground storage tank installation, operation and closure, these regulations reward those who have been following the industry-set rules and requires persons who are operating below those standards to catch up. Aboveground storage tanks generally do not pose the same release hazards as underground tanks (as one can see most releases rather readily) but do represent a greater catastrophic hazard. These subchapters represent an attempt to eliminate or reduce both the slow release hazard (due, for example, to a lack of corrosion prevention) as well as the catastrophic hazards.
Compliance Costs Subchapter C: In general, the Department has attempted to minimize costs in the permitting area by requiring little or no new information for operating permits by rule or general permits and by waiving the statutory permit fees for operating permits. Costs will be incurred with the site-specific installation permits required by Chapter 11 of the act. The Department is proposing permit fees which would enable the Department to recover the reasonable expenses associated with reviewing these applications. As for the information that must be included in such a permit application, the Department has attempted to limit its requirements. The information requested under this proposal is either readily available, or is the sort of information that normally should be compiled when a large construction project is being proposed.
Subchapter E: The Department does not anticipate any new compliance costs associated with this subchapter, as almost all of the requirements already exist in current law. The Department does establish a schedule for the inspection of underground storage tank facilities by certified inspectors. At the present time, the Department is requiring these inspections for a limited segment of the underground storage tank universe. Because tank owners/operators must pay for these third-party inspections, the establishment of a schedule may lead to these costs being incurred sooner than they would be without a formal schedule. The inspection requirement itself is not, however, a new obligation.
Vendors of statistical inventory reconciliation test methods must have their method's performance claims verified by an independent third-party using leak rates that are unknown to the tester. While this will involve some expense for the vendors, the underground storage tank owner/operator who is relying on the method for release detection will have the assurance that the SIR system they have chosen will work.
Finally, the Department is proposing that owners/operators who close only the piping part of an underground storage tank system prepare a closure report describing that action. Because the closure report includes a site assessment, this will involve soil sampling and corrective action if contamination above action levels is discovered. Although sampling in piping runs will be fairly limited, it will still involve some additional expense. It is difficult to say exactly how much more this will cost because the sampling protocol for closure is fairly site-specific. It has been unclear up to this time if such a reporting requirement is a part of the Federal underground storage tank program.
Subchapters F and G: These two subchapters represent the creation of a comprehensive program to regulate aboveground storage of regulated substances. For the most part, however, an owner/operator of an aboveground storage tank who has been following the State Fire Marshal's requirements (37 Pa. Code Part I, Subpart B (relating to flammable and combustible liquids) and recommended industry codes of practice should not notice any overwhelming changes as a result of this rulemaking. In general, the Department tried to follow industry standards when establishing these aboveground storage tank standards of performance.
The two new programs established by this proposed rulemaking package are permitting and aboveground tank regulations. Generally, the addition of new responsibilities would lead to increased costs to the Commonwealth for running the program. As noted in Section D of the Preamble, the Department expects these new permitting and aboveground storage tank regulations to become effective around the same time that the underground storage tank program begins to quiet down. In addition, many of the requirements in the aboveground tank regulations have phase-in periods measured in years, so the workload should not be overwhelming right at the start. It is believed, therefore, that it will be possible to shift resources and time currently being spent in the underground program to focus on implementation of the aboveground regulations. Finally, the Department does not anticipate new resource expenditures as a result of Subchapter E.
Compliance Assistance Plan As of this time, there is only a small amount of public financial assistance available to owners and operators of storage tanks. The Storage Tank Loan Fund, managed by the Department of Commerce, has low-interest loans available. To qualify, the act requires that a tank owner or operator be potentially liable for corrective action, which means that these loans are not available to the average tank owner or operator. By addressing lender liability in this proposed rulemaking, the Department hopes that more private funding sources will develop to assist owners and operators in meeting the costs of compliance.
As for technical and educational assistance, the Department currently operates a fairly extensive program of outreach activities designed to assist owners and operators of storage tanks as well as certified individuals. This program includes the Storage Tank Monitor, a quarterly newsletter; a series of detailed factsheets that focus on single issues in the storage tank program (for example, release reporting); seminars featuring a Nationally-recognized storage tank technology expert (to date, leak detection training and closure training); and training sessions presented by regional and central office training teams on a variety of issues. It also includes guidance documents on preparing Spill Prevention Response Plans (SPRPs) and correct closure procedures. The Department also presents general program seminars jointly with the regulated community and consultation with STAC on regulation and policy development.
The Department expects these efforts to continue and be intensified, especially as EPA's 1998 upgrade deadline approaches. In addition, new efforts will be made to educate the regulated community about those requirements that will appear in Pennsylvania regulations for the first time. Aboveground storage tank requirements will be covered in much greater detail in outreach activities after these amendments become effective. As noted in Section E of this Preamble, technical guidance manuals will be prepared for both the underground and aboveground storage tank programs outlining what industry codes of practice may be followed to meet the performance standards contained in these proposed amendments.
Paperwork Requirements Subchapter C: By covering the operation of storage tanks by either permits by rule or general permits, the Department has attempted to limit the paperwork required under this subchapter. When application for a site-specific installation permit is required by Chapter 11 of the act, however, a full permit application will need to be submitted. The information in the application is limited to that which is necessary for the Department to make an informed decision on the application. In addition, the Department believes that much of the information required by this subchapter will be readily available to owners/operators. Finally, when coordination with other State or Federal agencies is necessary, the Department will take the lead in ensuring that the information is available and coordinating the necessary reviews.
Subchapter E: Because the requirements of Subchapter E are already in effect in this Commonwealth under § 245.2, few new paperwork requirements are contained in this subchapter. In fact, the proposal at § 245.455 (relating to closure records) will actually reduce current reporting requirements, as closure reports for underground storage tanks will no longer have to be submitted to the Department (although closure reports still must be completed).
One new paperwork requirement is found in proposed § 245.452(c) (relating to permanent closure and changes-in-service), which requires a closure report to be completed when only the piping run of an underground storage tank system is closed. Under the Federal underground storage tank regulations, it is unclear what is required in the way of a closure report when only the piping of an underground storage tank system is replaced. Because of persistent problems with leaking piping, however, the Department believes that assessment of the piping areas when piping is closed is appropriate.
Subchapter F: Because Subchapter F is proposed to be added as a comprehensive regulatory program for aboveground storage tanks, almost all of the paperwork requirements are new. Currently, the only forms required to be filed are storage tank registration forms and tank handling activity and inspection report forms. The Department has attempted to minimize the need for new forms and limit the use of new forms to those areas where forms and recordkeeping are absolutely necessary. Proposed § 245.516 (relating to recordkeeping requirements) outlines the recordkeeping and reporting requirements under this subchapter. Paperwork not required under the existing aboveground storage tank program includes: leak detection records, cathodic protection monitoring results, monthly maintenance inspection records and closure reports.
Subchapter G: Subchapter G represents the addition of a simplified yet comprehensive regulatory program for small aboveground storage tanks. As a result, there will be new paperwork required from owners/operators of these tanks. Because this subchapter represents a simplified program, the Department has attempted to reduce paperwork on these aboveground storage tanks to the bare-essential minimum.
Proposed § 245.615 (relating to recordkeeping requirements) outlines the recordkeeping and reporting requirements for this subchapter. Generally, the Department has tried to limit the paperwork required to those records that should otherwise be kept as a sound business practice. An example would be the original tank and system installation record and design specifications. In addition, the Department is not requiring the submission of these records to the Department in most instances. It is enough that the owner/operator maintains the records at the facility site. Finally, closure reports are not required for this class of storage tanks. Only an amended registration form need be submitted (although, if a reportable release is confirmed during closure, it must be reported).
G. Pollution Prevention
Generally speaking, the term ''pollution prevention'' refers to the minimization of the wastes generated in a commercial process by altering that process. The storage tank program has a slightly different approach. The goal is to keep substances that are harmful to the public and the environment from being released at all. The programs set out in this proposed rulemaking package are designed to halt the release and spread of regulated substances from storage tanks located in this Commonwealth. They create a cradle-to-grave program with the goal of making sure that the storage tank is installed, maintained, operated, closed and removed in a manner that will minimize the likelihood of a release occurring. If a release does occur, these amendments and the regulations that currently exist in Chapter 245 are designed to detect the release quickly, contain it if possible, and make sure that corrective action is carried out expeditiously, minimizing exposure to the public and the environment.
In this proposed package, the Department is attempting to reach these goals through a combination of performance standards, with built-in flexibility (including the possibility of a variance) as to how the regulated community achieves the goals, and reliance on industry standards. By taking this approach, the Department hopes to reduce pollution, lower the number of corrective actions that must eventually be commenced, decrease the amounts of contaminated soil and groundwater that must be dealt with and do so in a manner that is flexible and reasonable.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking on June 11, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly before final publication of the regulations.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposal to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street Harrisburg, PA 17105-2301). Comments received by facsimile will not be accepted. Comments, suggestions or objections must be received by August 28, 1996. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by August 28, 1996. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep. state.pa.us. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Board by August 28, 1996.
K. Public Hearings
The Board will hold one public hearing for the purpose of accepting comments on this proposal. The hearing will be held at 1 p.m. on August 7, 1996, in the 1st Floor Meeting Room, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.
Persons wishing to present testimony at the hearing are requested to contact Sharon Freeman at the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at the hearing.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation in order to participate should contact Sharon Freeman at (717) 787-4526, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
Chairperson(Editor's Note: A proposal to amend §§ 245.1 and 245.2, proposed to be amended in this document, remains outstanding at 25 Pa.B. 5053 (November 16, 1995). In addition, Act 34 of 1996 (P. L. 171) was enacted on May 10, 1996, the changes made to the act by Act 34 are, therefore, not reflected in this proposed rulemaking.)
Fiscal Note: 7-296. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH
AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION
OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM
Subchapter A. GENERAL PROVISIONS
GENERAL § 245.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Aboveground storage tank--One or a combination of stationary tanks with a capacity in excess of 250 gallons, including underground pipes and dispensing systems connected thereto within the storage tank facility, which is or was used to contain an accumulation of regulated substances, and the volume of which, including the volume of piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes tanks which can be visually inspected, from the exterior, in an underground area. The term does not include the following, or pipes connected thereto:
* * * * * (xvii) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xviii) A tank that contains a de minimis concentration of regulated substances.
(xix) An emergency spill or overflow containment tank that is expeditiously emptied after use.
[(xv)] (xx) ***
* * * * * Beneath the surface of the ground--Beneath the ground surface or otherwise covered with earthen materials.
* * * * * CERCLA--The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601--9675).
* * * * * Cathodic protection tester--A person who can demonstrate an understanding of the principles and measurements of common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, the person shall have education and experience in soil resistivity, stray current, structure to soil potential and component electrical isolation measurements of buried metal piping and tank systems.
* * * * * Coax vapor recovery--The use of a coaxial fitting to provide Stage I vapor recovery; one orifice for the conveyance of the product to the tank and a second, concentric orifice for venting the tank to the delivery vehicle.
Combination of tanks--Tanks connected together at a manifold in a manner that they act as a single unit; tank capacity for a combination of tanks is the sum of the individual tank capacities.
* * * * * Compatible--The ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.
Connected piping--All piping including valves, elbows, joints, flanges and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual tank system, the piping that joins two regulated systems should be allocated equally between them.
Consumptive use--The term means, with respect to heating oil, that which is consumed on the premises.
* * * * * Corrosion expert--A person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
Corrosion protection--The protection of metal from deterioration. The deterioration may be due to a natural electrochemical reaction between the metal and the soil or other electrolyte, or because of stray direct currents.
De minimis--With regard to products containing regulated substances, the term applies when the regulated substance is of insufficient concentration to be required to appear on a Material Safety Data Sheet (MSDS). The term does not apply to section 507 of the act (35 P. S. § 6021.507) as it pertains to site contamination.
Dielectric material--A material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the tank system--for example, tank from piping.
Electrical equipment--Equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
Emergency containment--A containment structure which serves to convey, capture and contain the total volume of an anticipated release of regulated substance from an aboveground or underground storage tank system and which is expeditiously emptied.
* * * * * Excavation zone--The volume containing the tank system and backfill material bounded by the ground surface, walls and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
Existing underground storage tank system--An underground storage tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if the following apply:
(i) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction of the site or installation of the tank system.
(ii) One of the following apply:
(A) A continuous onsite physical construction or installation program has begun.
(B) The owner or operator has entered into contractual obligations--which cannot be cancelled or modified without substantial loss--for physical construction at the site or installation of the tank system to be completed within a reasonable time.
* * * * * Gathering lines--A pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.
* * * * * Hazardous substance storage tank system--A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. § 101(14)), but not including a substance regulated as a hazardous waste under Subtitle C of CERCLA, or mixture of the substances and petroleum, and which is not a petroleum system.
Heating oil--Petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is used in the operation of heating equipment, boilers or furnaces.
Highly hazardous substance tank--A storage tank of greater than 1,100 gallons capacity which contains reportable quantities of substances with CERCLA reportable release quantity of 10 pounds or less, as identified by 40 CFR Part 302 (relating to designation, reportable quantities, and notification).
Hydraulic lift tank--A tank holding hydraulic fluid for a closed loop mechanical system that used compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.
* * * * * Large aboveground storage tank facility--An aboveground storage tank facility with greater than 21,000 gallons total aboveground storage capacity.
Liquid trap--Sumps, well cellars and other traps used in association with oil and gas production, gathering and extraction operations (including gas production plants), for the purpose of collecting oil, water and other liquids. The liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
* * * * * Motor fuel--Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol, and is typically used in the operation of an internal combustion engine.
* * * * * New underground storage tank system--An underground storage tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988. (See the definition of ''existing underground storage tank system.'')
Noncommercial purposes--The term means, with respect to motor fuel, motor fuel not for resale.
* * * * * On the premises where stored--With respect to heating oil, the term means tank systems located on the same property where the stored heating oil is used.
Operational life--The period beginning when installation of the tank system has commenced until the time the tank system is properly closed.
* * * * * Overfill--A release that occurs when a tank is filled beyond its capacity.
* * * * * Petroleum system--A storage tank system that primarily contains petroleum, and may contain additives or other regulated substances. The term includes systems containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.
Pipe or piping--A hollow cylinder or tubular conduit that is constructed of nonearthen materials. The terms include the associated fittings such as unions, elbows, tees and flexible joints.
Pipeline facilities (including gathering lines)--New and existing pipe rights-of-way and associated equipment, facilities or buildings.
* * * * * Reconstruction--The work necessary to reassemble a storage tank that has been dismantled and relocated to a new site.
* * * * * Removal from service--The term includes the following:
(i) Activities related to rendering [a] an underground storage tank system permanently unserviceable. Activities include [properly] the oversight of the proper draining and cleaning of the storage tank system of product liquids, vapors, accumulated sludges or solids, and completing one of the following:
* * * * * (ii) [The term includes discontinued] Discontinued use, abandonment, closure in place and permanent closure but does not include temporary closure as those terms are used in the act [and the Federal regulations promulgated under the Resource Conservation and Recovery Act of 1976].
(iii) [The term includes site] Site assessment activities required under [40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks)] Subchapter E (relating to technical standards for underground storage tanks) and applicable State law, which are the responsibility of owners and operators, but are not conducted by certified installers or inspectors.
* * * * * Residential tank--A tank located on property used primarily for dwelling purposes.
* * * * * SARA--The Superfund Amendments and Reauthorization Act of 1986, the act of October 17, 1986 (Pub.L. No. 99-499, 101 Stat. 1613).
* * * * * Septic tank--A watertight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer.
Stormwater or wastewater collection system--Piping, pumps, conduits and other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation or domestic, commercial or industrial wastewater to and from retention areas or the areas where treatment is designated to occur. The collection of storm- water and wastewater does not include treatment except where incidental to conveyance.
* * * * * Surface impoundment--A natural topographic depression, manmade excavation or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is not an injection well.
* * * * * Tank--A stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials--for example, concrete, steel or plastic--that provide structural support.
* * * * * Underground area--An underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.
* * * * * Underground storage tank--One or a combination of tanks (including underground pipes connected thereto) which are used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. The term does not include:
* * * * * (ii) Tanks [of 3,000 gallons or less] used for storing heating oil for consumptive use on the premises where stored.
* * * * * (xiii) Tanks containing radioactive materials or coolants that are regulated under The Atomic Energy Act of 1954.
(xiv) A wastewater treatment tank system.
(xv) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xvi) An underground storage tank system that contains a de minimis concentration of regulated substances.
(xvii) An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.
(xviii) An underground storage tank system containing radioactive material that is regulated under The Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297).
(ix) An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A (relating to general design criteria for nuclear power plants).
[(xiii)] (xx) ***
* * * * * Upgrade--The addition or retrofit of some systems such as cathodic protection, lining or spill and overfill controls to improve the ability of a storage tank system to prevent the release of product.
* * * * * Underground storage tank system--An underground storage tank, connected piping and ancillary equipment or containment system.
* * * * * Wastewater treatment tank--A tank that is designed to receive and treat an influent wastewater through physical, chemical or biological methods.
* * * * * § 245.2. General.
(a) A person may not install, construct, erect, modify, operate or remove from service all or part of a storage tank system or storage tank facility in a manner that violates the act, this part or applicable Federal regulations adopted under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6987). [This chapter incorporates by reference the Federal regulations governing underground storage tank systems contained in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)), except for Federal regulations governing the exclusions and deferrals for underground storage tank systems contained in 40 CFR 280.10(b)--(d) (relating to applicability).] This chapter incorporates by reference the Federal regulations in 40 CFR Part 280, Subpart I (relating to lender liability).
(b) Whenever industry codes are specified in this chapter, the latest edition shall be used. When industry codes are updated, facilities installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standard.
(c) A person may not install a storage tank system regulated under the act unless the system does the following:
(1) Will prevent releases due to corrosion of structural failure for the operational life of the system.
(2) Is protected against corrosion and designed in a manner to prevent the release or threatened release of any stored substance.
(3) Is constructed or lined with material that is compatible with the stored substance.
(Editor's Note: Subchapter C is new. It has been printed in regular type to enhance readibility.)
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