[26 Pa.B. 3073]
[Continued from previous Web Page]
Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS AND FACILITIES
GENERAL Sec.
245.201. Scope. 245.202. Public records and confidential information. 245.203. General requirements for permits. 245.204. Form of application. 245.205. Right of entry. 245.206. Verification of application. 245.207. Permit application fee.
PERMITS BY RULE
245.211. Scope. 245.212. Minimum requirements for obtaining a permit by rule.
GENERAL OPERATING PERMITS
245.221. Scope. 245.222. Application requirements.
SITE SPECIFIC INSTALLATION PERMITS
245.231. Scope. 245.232. General requirements. 245.233. Mapping requirements. 245.234. Siting requirements. 245.235. Environmental assessment. 245.236. Public notice. 245.237. Public hearings.
GENERAL § 245.201. Scope.
This subchapter specifies procedures and rules for the permitting of aboveground and underground storage tank systems and facilities.
§ 245.202. Public records and confidential information.
(a) Except as provided in subsection (b), records, reports or other information submitted to the Department under this subchapter shall be made available to the public for inspection or copying during regular business hours.
(b) The Department may, upon request, designate records, reports or other information as confidential when the person providing the information demonstrates the following:
(1) The information contains trade secret processes, operations, style of work or apparatus of a person or is otherwise confidential business information.
(2) The information is not emission, discharge or testing data or other information that relates to public health, safety, welfare or the environment.
(c) When submitting information under this subchapter, a person shall designate the information which the person believes is confidential or shall submit that information separately from other information being submitted.
(d) Information which the Department determines to be confidential under this section will not be made available to the public.
(e) This section does not prevent the disclosure of information submitted to the Department as part of a general or site specific permit application which meets one of the following:
(1) The Department is required to make the information available to the public as part of the permit application information.
(2) The Department determines that it is necessary to disclose the information during any comment period necessary to obtain informed public comment on the permit application.
§ 245.203. General requirements for permits.
(a) Except as provided in subsections (b)--(d), a person may not operate an aboveground or underground storage tank system or storage tank facility, or install a storage tank system or facility covered by § 245.231 (relating to scope), unless the person has first applied for and obtained a permit for the activity from the Department under this subchapter.
(b) A person is not required to submit an application for a permit if the storage tank system is subject to a permit by rule, if the person maintains and operates the storage tank system in compliance with the standards and requirements of the Department under the act and this chapter. Failure to comply with standards could result in administrative or other Departmental actions against the storage tank owner/operator.
(c) A person may continue to operate an existing storage tank system for its intended use until the Department notifies the person to submit a permit application under this subchapter, if the person maintains and operates the storage tank system in compliance with the act and this chapter.
(d) Operation of existing storage tank systems will be allowed to continue until the Department takes final action on the permit application requested in subsection (c).
(e) New storage tank systems shall obtain a permit from the Department under this subchapter prior to accepting a regulated substance.
(f) Permits will be renewed on an annual basis concurrent with registration.
§ 245.204. Form of application.
(a) Applications for a permit under this subchapter shall be submitted to the Department in writing, on forms provided by the Department.
(b) The information in the application shall be current, presented concisely and supported by appropriate references to technical and other written material available to the Department.
§ 245.205. Right of entry.
(a) Each application shall contain, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the permit area. The consent will be applicable prior to the initiation of operations, for the duration of the operation of the storage tank system or facility and until the facility is closed under this subchapter, for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act.
(b) For those facilities deemed permitted by permit by rule, the permittee, as a condition of the permit, agrees to right of entry described in subsection (a). Failure to allow the Department or its authorized agents entry is considered unlawful conduct and may result in permit suspension, revocation or other enforcement action.
§ 245.206. Verification of application.
An application for a general or site specific permit shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official's information and belief.
§ 245.207. Permit application fee.
Each application for a site specific installation permit will be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' as follows:
(1) Permit applications for highly hazardous substance tank: $100.
(2) Permit applications for new large aboveground storage tanks at existing facilities: $250 plus administrative review costs in excess of the $250 fee.
(3) Permit applications for a new large aboveground facility: $500 plus administrative review costs in excess of the $500 fee.
PERMITS BY RULE § 245.211. Scope.
The following storage tank systems are subject to permit by rule for operation:
(1) Aboveground storage tank systems with a capacity less than or equal to 21,000 gallons, except highly hazardous substance storage tank systems.
(2) Underground manufactured storage tank systems storing petroleum.
§ 245.212. Minimum requirements for obtaining a permit by rule.
(a) A storage tank system listed in § 245.211 (relating to scope) shall be deemed to have a permit by rule for operation if the following conditions are met:
(1) The storage tank system is properly registered, including payment of registration fees if necessary.
(2) Tank handling and inspection activities are performed by Department certified individuals, as specified in Subchapter B (relating to certification program for owners and operators of storage tanks and storage tank facilities).
(3) If necessary, the corrective action process regulations in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) are followed.
(4) The storage tank system meets the applicable technical, administrative and operational requirements for underground tank systems specified in Subchapter E (relating to technical standards for underground storage tanks) or for aboveground tank systems specified in Subchapter G (relating to simplified program for small aboveground storage tanks).
(5) The Department has received a signed right of entry form.
(6) The owner of an underground storage tank system has met the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(7) If required, the owner submits a current Spill Prevention and Response Plan that meets the Department's requirement under Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904).
(b) The owner/operator of a storage tank system who causes or allows violations of the act, regulations thereunder, an order of the Department, or a condition of a permit issued under the act is subject to administrative or other actions including suspension, modification or revocation of the permit.
GENERAL OPERATING PERMITS § 245.221. Scope.
Storage tank systems not covered by § 245.211 (relating to scope) are subject to general operating permits.
§ 245.222. Application requirements.
Applications for a general operating permit shall be submitted on a Department form. The application shall certify the following:
(1) General requirements for all storage tank systems are as follows:
(i) The storage tank system is properly registered, including payment of registration fees if necessary.
(ii) Tank handling and inspection activities are performed by Department certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(iii) The storage tank system is in compliance with applicable administrative, technical and operational requirements as specified in Subchapter E or Subchapter F (relating to technical standards for underground storage tanks; and technical standards for aboveground storage tanks and facilities).
(iv) The Department has received a right of entry form signed by the owner and the operator.
(2) In addition to the requirements of paragraph (1), an owner of an underground storage tank system shall meet the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(3) In addition to the requirements of paragraph (1), an owner of an aboveground storage tank system shall meet the following requirements:
(i) A current Spill Prevention Response Plan, that is in compliance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904), is filed with the Department.
(ii) For new tanks, proof that an appropriate tightness test of the aboveground tank system has been completed.
SITE SPECIFIC INSTALLATION PERMITS § 245.231. Scope.
Site specific installation permits are required prior to the construction, reconstruction or installation of one or more of the following:
(1) New aboveground storage tank systems with a capacity greater than 21,000 gallons at an existing large aboveground storage tank facility.
(2) New large aboveground storage tank facilities.
(3) New underground field constructed storage tank systems.
(4) New underground highly hazardous substance tanks.
(5) New small aboveground highly hazardous substance tanks that are subject to the requirements in §§ 245.232(a)(1)--(3) and 245.236(b) (relating to general requirements; and public notice).
§ 245.232. General requirements.
(a) Applicants for site-specific permits shall provide the following:
(1) Certification that the tank handling and inspection activities will be performed by Department certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(2) Certification that the storage tank system will be in compliance with applicable administrative, technical and operational requirements as specified in Subchapters E--G (relating to technical standards for underground storage tanks; technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).
(3) A Department right of entry form signed by the owner and the operator.
(4) The information required by §§ 245.233 and 245.234 (relating to mapping requirements; and siting requirements).
(5) The environmental assessment required by § 245.235 (relating to environmental assessment).
(b) In addition to the items required by subsection (a), owners of aboveground storage tank systems or facilities required to apply for a site specific permit shall include:
(1) A current Spill Prevention Response Plan that is in compliance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904).
(2) Proof of notification to the municipality and county prior to submitting the application for a site specific installation permit under section 1101(a) of the act (35 P. S. § 6021.1101(a)) and § 245.236 (relating to public notice).
§ 245.233. Mapping requirements.
(a) A site-specific permit application shall contain maps and plans of the proposed storage tank system or facility site showing the following:
(1) The boundaries for the proposed facility site.
(2) The location and names of public roads within or adjacent to the proposed facility site.
(3) The location of proposed monitoring wells.
(4) The municipality and county.
(5) The elevation and location of test borings and core samples.
(6) The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines including mine openings within the proposed permit site.
(7) Streams, lakes or surface watercourses located on or adjacent to the proposed permit site.
(8) The location and ownership of public or private groundwater supplies within 2,500 feet of the proposed permit site.
(9) The location and ownership of known public and private surface water intakes for a distance of 20 miles downstream from the site.
(10) Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit site.
(11) Other information the Department deems relevant.
(b) Maps, plans and cross sections required by this section shall be accurately surveyed and on a scale satisfactory to the Department, not less than 1:400 and in a manner satisfactory to the Department. The maps, plans and cross sections shall be prepared by a Pennsylvania registered professional engineer, Pennsylvania registered land surveyor or Pennsylvania registered professional geologist with assistance from experts in related fields.
§ 245.234. Siting requirements.
(a) The Department will not issue a site specific storage tank system or facility installation permit if:
(1) The installation of tank systems and facilities is proposed on 100-year floodplains or a larger area that the flood of record has inundated unless the industrial use on the proposed site was in existence as of August 5, 1989.
(2) The installation of tank systems and facilities is proposed in wetlands in a manner inconsistent with Chapter 105 (relating to dam safety and waterway management).
(b) The applicant shall provide the following additional information if appropriate:
(1) Over areas underlain by carbonate bedrock, the applicant shall provide information and analysis to the Department which assesses the prevalence of solution channels and the potential for sinkholes at the facility site.
(2) If any part of a proposed facility has been previously mined by deep mining methods, the applicant shall provide the results of an engineering study of the proposed site by a Pennsylvania registered professional engineer or Pennsylvania registered professional geologist. The study shall be detailed enough to assess the potential for and degree of surface subsidence. The study shall also include methods which have been used or will be used to stabilize the surface. The applicant shall provide assurance that minerals providing surface support will not be mined as long as the facility stores regulated substances.
§ 245.235. Environmental assessment.
(a) An application for a site specific permit shall include an environmental assessment on a form prescribed by the Department.
(b) An environmental assessment in a permit application shall include detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including air quality, water quality, threatened or endangered species and water uses. The applicant shall consider environmental features such as recreational river corridors, State and Federal parks, historic and archaeological sites, National wildlife refuges, State and Federal natural areas, prime farmland, wetland, special protection watersheds designated under Chapter 93 (relating to water quality standards), public water supplies and other features deemed appropriate by the Department or the applicant.
(c) The Department, after consultation with appropriate governmental agencies and potentially affected persons, will evaluate the assessment provided under subsection (a) to determine whether the proposed operation has the potential to cause environmental harm. If the Department determines that the proposed operation has that potential, it will notify the applicant in writing.
(d) If the Department or the applicant determines that the proposed operation may cause environmental harm, the applicant shall provide the Department with a written explanation of how it plans to mitigate the potential harm.
§ 245.236. Public notice.
(a) The owner of a proposed new large aboveground storage tank facility or proposed aboveground storage tank system with greater than 21,000 gallons capacity shall provide written notice to the local municipality and county in which the proposed aboveground system or facility is to be located 90 days prior to construction.
(b) The owner proposing to install a new highly hazardous substance tank shall provide written notice to the local municipality and county in which the storage tank system is proposed to be located.
§ 245.237. Public hearings.
Upon submission to the Department of a permit application to construct a new large aboveground storage tank facility or a new highly hazardous substance storage tank system, the Department may hold a public hearing in the municipality or county in which the aboveground storage tank facility or highly hazardous substance tank system is proposed to be located.
(Editor's Note: Subchapter E is new. It has been printed in regular type to enhance readibility.)
Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS GENERAL
Sec.
245.401. Purpose. 245.402. Scope. 245.403. Applicability. 245.404. Variances. 245.405. Codes and standards. FACILITY INSPECTIONS
245.411. Inspection frequency. UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION
245.421. Performance standards for new underground storage tank systems. 245.422. Upgrading of existing underground storage tank systems. 245.423. Registration requirements. 245.424. Standards for new field constructed tank systems. 245.425. Reuse of removed tanks. GENERAL OPERATING REQUIREMENTS
245.431. Spill and overfill control. 245.432. Operation and maintenance including corrosion protection. 245.433. Compatibility. 245.434. Repairs allowed. 245.435. Reporting and recordkeeping. RELEASE DETECTION
245.441. General requirements for underground storage tank systems. 245.442. Requirements for petroleum underground storage tank systems. 245.443. Requirements for hazardous substance underground storage tank systems. 245.444. Methods of release detection for tanks. 245.445. Methods of release detection for piping. 245.446. Release detection recordkeeping. OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE
245.451. Temporary closure. 245.452. Permanent closure and changes-in-service. 245.453. Assessing the site at closure or change-in-service. 245.454. Applicability to previously closed underground storage tank systems. 245.455. Closure records.
GENERAL § 245.401. Purpose.
This subchapter establishes the operational and technical requirements for underground storage tanks and underground storage tank facilities.
§ 245.402. Scope.
This subchapter applies to underground storage tanks regulated under the act and this chapter.
§ 245.403. Applicability.
(a) General. The requirements of this subchapter apply to owners and operators, as well as installers and inspectors of underground storage tank systems as defined in § 245.1 (relating to definitions), except as otherwise provided in subsection (b).
(b) Deferrals. Sections 245.441--245.446 (relating to release detection) do not apply to an underground storage tank system that stores fuel solely for use by emergency power generators.
§ 245.404. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically infeasible or unsafe, the Department may, upon written application from the owner/operator of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:
(1) A variance may only be granted when the storage tank system meets alternative technical standards that fully protect human health and the environment.
(2) A written application for a variance shall be submitted to the Department and provide the following information:
(i) The facility name and identification number for which the variance is sought.
(ii) The specific sections of this subchapter from which a variance is sought.
(iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically infeasible or unsafe.
(iv) Evidence, including plans, specifications and test results, which supports an alternative design, practice, schedule or method as being no less protective of human health and the environment than the requirements of the sections identified in subparagraph (ii).
(3) When granting the variance, the Department may impose specific conditions necessary to ensure the adequate protection of human health and the environment.
(4) The Department will provide to the applicant a written notice of approval, approval with additional conditions or denial. Granted variances will be published in the Pennsylvania Bulletin.
(5) The Department may not grant any variance which would result in regulatory controls less stringent than other applicable Federal or State regulations.
§ 245.405. Codes and standards.
All regulated underground storage tank systems shall comply with applicable industry codes. By policy, the Department can recognize industry codes and practices which can be used to comply with this chapter. A list of industry codes and practices which may be used to comply with this subchapter may be obtained from the Department.
FACILITY INSPECTIONS § 245.411. Inspection frequency.
(a) Inspection of tanks. Underground storage tank owners or operators shall have their underground storage tank facility inspected by a certified inspector at the frequency established in subsections (b)--(d). The inspection shall include, but not be limited to, leak detection, assessment of the underground tank system and ancillary equipment, and release prevention measures.
(b) Initial inspections.
(1) Tank facilities with tank systems installed prior to December 1989 shall be inspected prior to December 22, 1998, or by _____ (Editor's Note: The blank refers to a date 2 years after the effective date of the adoption of this proposal), whichever date is later.
(2) Tank systems installed after _____ (Editor's Note: The blank refers to the effective date of the adoption of this proposal). If the facility ownership changes, an inspection shall be completed within the first 12 months of operation.
(3) Tank facilities not inspected in accordance with paragraph (1) or (2) shall have an initial inspection by _____ (Editor's Note: The blank refers to a date 5 years after the effective date of the adoption of this proposal).
(c) Subsequent facility inspections.
(1) Subsequent facility inspections shall be conducted at least once every 5 years commencing after the last inspection, except as provided in paragraph (2).
(2) Facilities with total secondary containment of both piping and the tank shall be inspected at least once every 10 years commencing from the date of the last inspection.
(d) Additional inspections. Inspections in addition to those set forth in subsections (b) and (c) may be requested in writing by the Department when the Department determines the inspections are necessary to verify compliance with this subchapter.
UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION § 245.421. Performance standards for new underground storage tank systems.
To prevent releases due to structural failure, corrosion or spills and overfills for as long as the underground storage tank system is used to store regulated substances, owners and operators of new underground storage tank systems shall ensure that the system meets the following requirements:
(1) Tanks. A tank shall be properly designed and constructed. A tank or portion of a tank that is underground and routinely contains product shall be protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory, using one of the following methods:
(i) The tank is constructed of fiberglass-reinforced plastic.
(ii) The tank is constructed of steel and cathodically protected in the following manner:
(A) The tank is coated with a suitable dielectric material.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed to allow determination of current operating status as required in § 245.432(3) (relating to operation and maintenance including corrosion protection).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The tank is constructed of a steel-fiberglass-reinforced plastic composite.
(iv) The tank is constructed of metal without additional corrosion protection measures if:
(A) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the tank.
(2) Piping. The piping that routinely contains regulated substances shall be protected from deterioration. Piping that is in contact with the ground shall be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory using one of the following methods:
(i) The piping is constructed of fiberglass reinforced plastic.
(ii) The piping is constructed of steel and cathodically protected in the following manner:
(A) The piping is coated with a suitable dielectric material.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed to allow determination of current operating status as required in § 245.432(3).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The piping is constructed of metal without additional corrosion protection measures if:
(A) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the piping.
(3) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph (iii), to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators shall ensure that their systems have the following spill and overfill prevention equipment:
(A) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe--for example, a spill catchment basin.
(B) Overfill prevention equipment that will do one or more of the following:
(I) Automatically shut off flow into the tank when the tank is no more than 95% full.
(II) Alert the transfer operator when the tank is no more more than 90% full by restricting the flow into the tank or triggering a high-level alarm.
(III) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm 1 minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.
(ii) Bypassing overfill protection is prohibited--for example, bypassing the flow vent valve with coax vapor recovery or a spill bucket drain valve is prohibited.
(iii) Owners and operators are not required to use the spill and overfill prevention equipment specified in subparagraph (i) if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.
(4) Installation. Tanks and piping shall be properly installed and system integrity tested in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory such as API 1615 and PEI RP100, and in accordance with the manufacturer's instructions.
(5) Certification of installation. Owners and operators shall ensure that a certified installer has demonstrated the tank system complies with paragraph (4) by providing a certification of compliance on an appropriate form provided by the Department.
§ 245.422. Upgrading of existing underground storage tank systems.
(a) Alternatives allowed. By December 22, 1998, existing underground storage tank systems shall comply with one of the following requirements:
(1) New underground storage tank system performance standards under § 245.421 (relating to performance standards for new underground storage tank systems).
(2) The upgrading requirements in subsections (b)--(d).
(3) Closure requirements under §§ 245.451--245.455 (relating to out-of-service underground storage tank systems and closure), including applicable requirements for corrective action under Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(b) Tank upgrading requirements. Steel tanks shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory:
(1) Interior lining. A tank may be upgraded by internal lining if the following conditions are met:
(i) The lining is installed in accordance with § 245.434 (relating to repairs allowed).
(ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.
(2) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of § 245.421(1)(ii)(B)--(D) and the integrity of the tank is ensured using one or more of the following methods:
(i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system.
(ii) The tank has been installed for less than 10 years and is monitored monthly for releases in accordance with § 245.444(4)--(8) (relating to methods of release detection for tanks).
(iii) The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of § 245.444(3). The first tightness test shall be conducted prior to installing the cathodic protection system. The second tightness test shall be conducted between 3 and 6 months following the first operation of the cathodic protection system.
(iv) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators shall maintain records that demonstrate compliance with this requirement for the remaining life of the tank.
(v) The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than subparagraphs (i)--(iii).
(3) Internal lining combined with cathodic protection. A tank may be upgraded by both internal lining and cathodic protection if the following apply:
(i) The lining is installed in accordance with the requirements of § 245.434.
(ii) The cathodic protection system meets § 245.421(1)(ii)(B)--(D).
(c) Piping upgrading requirements. Metal piping and fittings that routinely contain regulated substances and are in contact with the ground shall be one or more of the following:
(1) Replaced with piping meeting the requirements of new piping in § 245.421(2)(i) and (ii).
(2) Cathodically protected in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory and meets the requirements of § 245.421(2)(ii)(B)--(D).
(3) Installed at a site that is determined to not be corrosive enough to cause a release due to corrosion for the remaining operating life of the piping under § 245.421(2)(iii).
(d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the underground storage tank system, existing underground storage tank systems shall comply with new underground storage tank system spill and overfill prevention equipment requirements in § 245.421(3).
§ 245.423. Registration requirements.
(a) An underground storage tank shall be registered with the Department prior to adding a regulated substance. The owner of a tank that was in use after May 8, 1986, shall have notified the Department of the system's existence.
(b) Owners required to submit notices under subsection (a) shall provide notices to the Department for each tank they own. Owners may provide notice for several tanks using one registration form, but owners who own tanks located at more than one facility shall file a separate registration form for each separate facility.
(c) Notices required to be submitted under subsection (a) shall provide all of the requested information on the registration form for each tank for which notice is required to be given.
(d) Owners and operators of new underground storage tank systems shall certify compliance with the following requirements in the registration form provided by the Department:
(1) Installation of tanks and piping under § 245.421(5) (relating to performance standards for new underground storage tank systems).
(2) Cathodic protection of steel tanks and piping under § 245.421(1) and (2).
(3) Financial responsibility under Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(4) Release detection under §§ 245.442 and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).
(5) Use of a Department certified installer under § 245.21 (relating to tank handling and inspection requirements).
(e) Beginning October 24, 1988, a person who sells a tank intended to be used as an underground storage tank or a property containing an existing tank system shall notify the purchaser, in writing, of an owner's obligations under subsection (a). The following form may be used to comply with this requirement:
Federal law (the Resource Conservation and Recovery Act) and Commonwealth law (the Storage Tank and Spill Prevention Act) require that the owner of a regulated underground storage tank notify the Pennsylvania Department of Environmental Protection of the existence of its tank.
Notification for tanks brought into service after July 6, 1989, must be made prior to placing the tank system into service. Consult EPA 40 CFR Part 280 and PA Code Title 25 Chapter 245 to determine if you are affected by these laws.(f) Every owner, including a new owner of an existing tank system, shall complete an amended registration form, provided by the Department, when one or more of the following conditions occur:
(1) Change of tank ownership--new owner only.
(2) Installation of a new tank.
(3) Closure of a tank system or component.
(4) Change in tank system service such as, but not limited to, temporary closure or change to an unregulated substance.
§ 245.424. Standards for new field constructed tank systems.
Field constructed tanks shall meet or exceed the technical requirements of a manufactured tank containing the same regulated substance. The system shall also:
(1) Be designed by a professional engineer having training and experience in the construction of underground storage tank systems.
(2) Meet the permitting requirements of Subchapter C (relating to permitting of underground and aboveground storage tank systems of facilities).
§ 245.425. Reuse of removed tanks.
Storage tanks removed from the ground may be reused as a regulated underground storage tank under the following circumstances:
(1) The tank is installed by a certified installer.
(2) The tank has been properly closed in accordance with § 245.452 (relating to permanent closure and changes-in-service).
(3) The installation meets the requirements of § 245.422 (relating to the upgrading of existing underground storage tank systems).
(4) The tank is compatible with the substance to be stored in accordance with § 245.2(c) (relating to general).
(5) Either the manufacturer or a person certified by the manufacturer warrants that the tank meets the requirements of § 245.421(1) (relating to performance standards for new underground storage tank systems), or the tank is installed with secondary containment in accordance with § 245.443(2) (relating to requirements for hazardous substance underground storage tank systems).
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