[26 Pa.B. 3073]
[Continued from previous Web Page]
GENERAL OPERATING REQUIREMENTS § 245.431. Spill and overfill control.
(a) Owners and operators shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.
(b) The owner and operator shall report, investigate and clean up spills and overfills in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
§ 245.432. Operation and maintenance including corrosion protection.
Owners and operators of steel underground storage tank systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store regulated substances:
(1) Corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances.
(2) Underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(i) Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.
(ii) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a Nationally recognized association.
(3) Underground storage tank systems with impressed current cathodic protection systems shall be inspected every 60 days to ensure the equipment is running properly.
(4) For underground storage tank systems using cathodic protection, records of the operation of the cathodic protection shall be maintained, in accordance with § 245.435 (relating to reporting and recordkeeping) to demonstrate compliance with the performance standards in this section. These records shall provide the following:
(i) The results of the last three inspections required in paragraph (3).
(ii) The results of testing from the last two inspections required in paragraph (2).
(5) Monitoring and observation wells shall be clearly identified using industry codes and standards, and caps shall be secured to prevent unauthorized or accidental access.
(6) Line leak detectors, sumps, measuring devices (including gauge sticks), gauges, corrosion protection, spill prevention, overfill prevention and other appurtenances whose failure could contribute to a release of product, shall be maintained in a good state of repair and shall function as designed.
§ 245.433. Compatibility.
Owners and operators shall use an underground storage tank system, made of or lined with materials, that is compatible with the substance stored in the underground storage tank system. Owners and operators storing alcohol blends may use the following codes to comply with the requirements of this section:
(1) American Petroleum Institute Publication 1626, ''Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations.''
(2) American Petroleum Institute Publication 1627, ''Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations.''
§ 245.434. Repairs allowed.
Owners and operators of underground storage tank systems shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store regulated substances. The repairs shall meet the following requirements:
(1) Repairs involving a tank handling activity shall be performed by or under the direct, onsite supervision and control of a certified installer.
(2) Repairs to underground storage tank systems shall be properly conducted in accordance with a code of practice developed by a Nationally recognized association or an independent testing laboratory.
(3) Repairs to fiberglass reinforced plastic tanks may be made by the manufacturer's authorized representatives, and shall be made in accordance with a code of practice developed by a Nationally recognized association or an independent testing laboratory.
(4) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Fiberglass pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer's specifications.
(5) Tanks and piping repaired in response to a release shall be tightness tested in accordance with §§ 245.444(3) and 245.445(2) (relating to methods of release detection for tanks; and methods of release detection for piping) prior to placing the system back into service except as provided as follows:
(i) The repaired tank is internally inspected in accordance with a code of practice developed by a Nationally recognized association or an independent testing laboratory.
(ii) The repaired portion of the underground storage tank system is monitored monthly for releases in accordance with a method specified in § 245.444(4)--(9).
(iii) Another test method is used that is determined by the Department to be at least as protective of human health and the environment than those listed in subparagraphs (i) and (ii).
(6) Within 6 months following the repair of a cathodically protected underground storage tank system, the cathodic protection system shall be tested in accordance with § 245.432(2) and (3) (relating to operation and maintenance including corrosion protection) to ensure that it is operating properly.
(7) Underground storage tank system owners and operators shall maintain records of each repair in response to a release for the remaining operating life of the underground storage tank system that demonstrate compliance with this section.
§ 245.435. Reporting and recordkeeping.
Owners and operators of underground storage tank systems shall cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors, as well as requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act (35 P. S. § 6201.107(c)).
(1) Reporting. Owners and operators shall submit the following applicable information to the Department:
(i) Notification for underground storage tank systems (§ 245.423 (relating to registration requirements)), which includes certification of installation for new underground storage tank systems (§ 245.421(5) (relating to performance standards for new underground storage tank systems)).
(ii) Reports of confirmed, reportable releases (§ 245.305(d) (relating to reporting releases)).
(iii) A site characterization report (§ 245.310 (relating to site characterization report)).
(iv) Remedial action plans (§ 245.311 (relating to remedial action plan)), remedial action progress reports (§ 245.312 (relating to remedial action)) and remedial action completion reports (§ 245.313 (relating to remedial action completion report)).
(v) A notification before permanent closure or change-in-service (§ 245.452(a) (relating to permanent closure and changes-in-service)).
(vi) In the case of permanent closure, closure records to the Department when requested.
(2) Recordkeeping. Owners and operators shall maintain the following information:
(i) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (§ 245.421(1)(iv) and (2)(iii)).
(ii) Documentation of operation of corrosion protection equipment (§ 245.432 (relating to operation and maintenance including corrosion protection)).
(iii) Documentation of underground storage tank system repairs in response to a release (§ 245.434(6) (relating to repairs allowed)).
(iv) Current compliance with release detection requirements (§ 245.446 (relating to release detection recordkeeping)).
(v) Results of the site investigation conducted at permanent closure (§ 245.455 (relating to closure records)).
(vi) A properly completed closure report (§ 245.452(f)).
(3) Availability of records. Owners and operators shall keep the records required at one of the following:
(i) At the underground storage tank site and immediately available for inspection by the Department and certified inspectors.
(ii) At a readily available alternative site and be provided for inspection to the Department upon request.
RELEASE DETECTION § 245.441. General requirements for underground storage tank systems.
(a) Owners and operators of new and existing underground storage tank systems shall provide a method, or combination of methods, of release detection that:
(1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product.
(2) Is installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition.
(3) Meets the performance requirements in § 245.444 or § 245.445 (relating to methods of release detection for tanks; and methods of release detection for piping), with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods used after the date shown in the following table corresponding with the specified method except for methods permanently installed prior to that date, shall be capable of detecting the leak rate or quantity specified for that method in the corresponding section of this subchapter, also shown in the table, with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.
Date After Which Pd/Pfa Method Section Must be Characterized Manual Tank Gauging 245.444(2) December 22, 1990 Tank Tightness Testing 245.444(3) December 22, 1990 Automatic Tank Gauging 245.444(4) December 22, 1990 Statistical Inventory Reconciliation 245.444(8) December 22, 1990 Automatic Line Leak Detectors 245.445(1) September 22, 1991 Line Tightness Testing 245.445(2) December 22, 1990 (i) Test method performance claims shall be verified by an independent third party using leak rates that are unknown to the tester.
(ii) When the EPA evaluation protocol for a method changes, the manufacturer shall reevaluate the method within 24 months of the new protocol's effective date for its continued use in this Commonwealth.
(b) When a release detection method operated in accordance with the performance standards in §§ 245.444 and § 245.445 indicates a release may have occurred, owners and operators shall investigate the suspected release in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(c) Owners and operators of underground storage tank systems shall comply with the release detection requirements of this subpart by December 22 of the year listed in the following table:
SCHEDULE FOR PHASE-IN OF RELEASE DETECTION Year When Release Detection is Required (by December 22 of the year indicated) Year System Was Installed 1989 1990 1991 1992 1993 Before 1965 or date unknown RD P 1965-69 P/RD 1970-74 P RD 1975-79 P RD 1980-88 P RD New tanks (after December 22, 1988) immediately upon installation. P = Shall begin release detection for all pressurized piping in accordance with § 245.442(2)(i) (relating to requirements for petroleum underground storage tank systems).
RD = Shall begin release detection for tanks and suction piping in accordance with §§ 245.442(1), (2)(ii) and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).
(d) An existing tank system that cannot apply a method of release detection that complies with the requirements of this subchapter shall complete the closure procedures in §§ 245.451--245.455 (relating to out-of-service underground storage tank systems and closure) by the date on which release detection is required for that underground storage tank system under subsection (c).
§ 245.442. Requirements for petroleum underground storage tank systems.
Owners and operators of petroleum underground storage tank systems shall provide release detection for tanks and piping as follows:
(1) Tanks. Tanks shall be monitored at least every 30 days for releases using one of the methods listed in § 245.444(4)--(8) (relating to methods of release detection for tanks) except that:
(i) Underground storage tank systems that meet the performance standards in § 245.421 or § 245.422 (relating to performance standards for new underground storage tank systems; and upgrading of existing underground storage tank systems), and the monthly inventory control requirements in § 245.444(1) or (2), may use tank tightness testing (conducted in accordance with § 245.444(3)) at least every 5 years until December 22, 1998, or until 10 years after the tank is installed or upgraded under § 245.422(b), whichever is later.
(ii) Underground storage tank systems that do not meet the performance standards in § 245.421 or § 245.422 may use monthly inventory controls (conducted in accordance with § 245.444(1) or (2)) and annual tank tightness testing (conducted in accordance with § 245.444(3)) until December 22, 1998, when the tank shall be upgraded under § 245.422 or permanently closed under § 245.452 (relating to permanent closure and changes-in-service).
(iii) Tanks with a capacity of 550 gallons or less may use manual tank gauging, conducted in accordance with § 245.444(2).
(iv) Tanks with a capacity of 551 to 1,000 gallons using the longer test times specified may use manual tank gauging, conducted in accordance with § 245.444(2).
(2) Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:
(i) Pressurized piping. Underground piping that conveys regulated substances under pressure shall meet the following requirements:
(A) Be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).
(B) Have an annual line tightness test conducted in accordance with § 245.445(2) or have monthly monitoring conducted in accordance with § 245.445(3).
(ii) Suction piping. Underground piping that conveys regulated substances under suction shall either have a line tightness test conducted at least every 3 years and in accordance with § 245.445(2), or use a monthly monitoring method conducted in accordance with § 245.445(3). Release detection is not required for suction piping that is designed and constructed to meet the following standards:
(A) The below grade piping operates at less than atmospheric pressure.
(B) The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.
(C) No more than one check valve is included in each suction line.
(D) Check valves are located directly below and as close as practical to or within the suction pump.
(E) A method is provided that allows compliance with clauses (B)--(D) to be readily determined.
§ 245.443. Requirements for hazardous substance underground storage tank systems.
Owners and operators of hazardous substance underground storage tank systems shall provide release detection that meets the following requirements:
(1) Release detection at existing underground storage tank systems shall meet the requirements for petroleum underground storage tank systems in § 245.442 (relating to requirements for petroleum underground storage tank systems). By December 22, 1998, all existing hazardous substance underground storage tank systems shall meet the release detection requirements for new systems in paragraph (2).
(2) Release detection at new hazardous substance underground storage tank systems shall meet the following requirements:
(i) Secondary containment systems.
(A) Secondary containment systems shall be designed, constructed and installed to:
(I) Contain regulated substances released from the tank system until they are detected and removed.
(II) Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system.
(III) Be checked for evidence of a release at least every 30 days.
(B) The provisions of § 264.193 (relating to secondary containment) may be used to comply with the requirements of this paragraph.
(ii) Double walled tanks shall be designed, constructed and installed to:
(A) Contain a release from any portion of the inner tank within the outer wall.
(B) Detect the failure of the inner wall.
(iii) External liners, including vaults, shall be designed, constructed and installed to:
(A) Contain 100% of the capacity of the largest tank within its boundary.
(B) Prevent the interference of precipitation or ground- water intrusion with the ability to contain or detect a release of regulated substances.
(C) Surround the tank completely making it capable of preventing lateral as well as vertical migration of regulated substances.
(iv) Underground piping shall be equipped with secondary containment that satisfies the requirements of subparagraph (i)--for example, trench liners or jacketing of double-walled pipe. In addition, underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).
(v) Other methods of release detection may be used if owners and operators:
(A) Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in § 245.444(2)--(9) can detect a release of petroleum.
(B) Provide information to the Department on effective corrective action technologies, health risks and chemical and physical properties of the stored substance, and the characteristics of the underground storage tank site.
(C) Obtain approval from the Department to use the alternate release detection method before the installation and operation of the new underground storage tank system.
§ 245.444. Methods of release detection for tanks.
Each method of release detection for tanks used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Inventory control. Product inventory control, or another test of equivalent performance, shall be conducted monthly to detect a release of at least 1.0% of flowthrough plus 130 gallons on a monthly basis in the following manner:
(i) Inventory volume measurements for regulated substance inputs, withdrawals and the amount still remaining in the tank are recorded each operating day.
(ii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest 1/8 of an inch.
(iii) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery.
(iv) Deliveries are made through a drop tube that extends to within 1 foot of the tank bottom.
(v) Product dispensing is metered and recorded within an accuracy of at least 6 cubic inches for every 5 gallons of product withdrawn.
(vi) Dispenser meters shall be calibrated.
(vii) The measurement of any water level in the bottom of the tank is made to the nearest 1/8 of an inch at least once a month.
(2) Manual tank gauging. Manual tank gauging shall meet the following requirements:
(i) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank.
(ii) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period.
(iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest 1/8 of an inch.
(iv) A leak is suspected and subject to Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:
Monthly Minimum Weekly Standard Periodic Duration of Standard (average of) Tightness Test Nominal Tank Capacity Test (one test) four tests) Required 550 gallons or less 36 hours 10 gallons 5 gallons No 551--1,000 gallons:
64" diameter tank44 hours 9 gallons 4 gallons No 551--1,000 gallons:
48" diameter tank58 hours 12 gallons 6 gallons No 551--1,000 gallons 36 hours 13 gallons 7 gallons Yes 1,001--2,000 gallons 36 hours 26 gallons 13 gallons Yes (v) Only tanks of 550 gallons or less nominal capacity may use this as the sole method of release detection. Tanks of 551 to 2,000 gallons may use the method in place of manual inventory control in paragraph (1). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this section.
(3) Tank tightness testing. Tank tightness testing, or another test of equivalent performance, shall be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
(4) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control shall meet one of the following requirements:
(i) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product.
(ii) For tank gauges installed prior to December 22, 1990, that do not meet the requirements of subparagraph (i), inventory control, or another test of equivalent performance, shall also be conducted in accordance with paragraph (1).
(5) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone shall meet the following requirements:
(i) The materials used as backfill are sufficiently porous--for example, gravel, sand or crushed rock--to readily allow diffusion of vapors from releases into the excavation area.
(ii) The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile--for example, gasoline--to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank.
(iii) The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall or soil moisture or other known interferences so that a release could go undetected for more than 30 days.
(iv) The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank.
(v) The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component of that substance or a tracer compound placed in the tank system.
(vi) In the underground storage tank excavation zone, the site is evaluated to ensure compliance with the requirements in subparagraphs (i)--(iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product.
(vii) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432 (relating to operation and maintenance including corrosion protection).
(6) Groundwater monitoring. Testing or monitoring for liquids on the groundwater shall meet the following requirements:
(i) The regulated substance stored is immiscible in water and has a specific gravity of less than one.
(ii) Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soils between the underground storage tank system and the monitoring wells or devices is not less than 0.01 cm/sec--for example, the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials.
(iii) The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substances on the water table into the well under both high and low groundwater conditions.
(iv) Monitoring wells shall be sealed from the ground surface to the top of the filter pack.
(v) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible.
(vi) The continuous monitoring devices or manual methods used can detect the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells.
(vii) Within and immediately below the underground storage tank system excavation zone, the site is evaluated to ensure compliance with subparagraphs (i)--(v) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product.
(viii) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432.
(7) Interstitial monitoring. Interstitial monitoring between the underground storage tank system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:
(i) For double-walled underground storage tank systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product.
(ii) For underground storage tank systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the underground storage tank system and the secondary barrier.
(A) The secondary barrier around or beneath the underground storage tank system consists of artificially constructed material that is sufficiently thick and impermeable, at least 10-6 cm/sec for the regulated substance stored, to direct a release to the monitoring point and permit its detection.
(B) The barrier is compatible with the regulated substance stored so that a release from the underground storage tank system will not cause a deterioration of the barrier allowing a release to pass through undetected.
(C) For cathodically protected tanks, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system.
(D) The groundwater, soil moisture or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days.
(E) The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year floodplain, unless the barrier and monitoring designs are for use under these conditions.
(F) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432.
(iii) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.
(8) Statistical Inventory Reconciliation (SIR). SIR shall meet the performance standards of paragraph (9)(i) for monthly monitoring.
(i) The owner or operator shall follow the instructions of the SIR manufacturer's protocol.
(ii) A separate report for each tank monitored shall be maintained by the owner/operator in accordance with § 245.446(2) (relating to release detection recordkeeping). Each report shall meet the following requirements:
(A) Owners and operators shall have reports available within 7 days of the end of the monitored period.
(B) A valid report shall include the calculated leak rate, positive for out of tank and negative for into tank, minimum detectable leak rate (MDL), leak detection threshold, probability of detection (Pd) and probability of false alarm (Pfa) which the supplied data supports.
(C) A valid report shall also include one of the following test results:
(I) If the calculated leak rate, absolute value, is less than the leak threshold and the MDL is less than or equal to the certified performance standard (paragraph (3), paragraph (9)(i) or § 245.445(2) (relating to methods of release detection for piping)), the test result is ''pass.''
(II) If the calculated leak rate, absolute value is greater than the leak threshold, the test result is ''fail.''
(III) If the MDL exceeds the certified performance standard and the calculated leak rate is less than the leak threshold, the test result is ''inconclusive.'' An inconclusive result is considered a suspected leak and shall be investigated in accordance with § 245.304 (relating to investigation of suspected releases).
(9) Other methods. Other types of release detection methods, or a combination of methods, may be used if the owner or operator can demonstrate to the Department that one of the following exists:
(i) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05.
(ii) It can detect a release as effectively as any of the methods allowed in paragraphs (3)--(8). In comparing methods, the Department will consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with conditions imposed by the Department on its use to ensure the protection of human health and the environment.
§ 245.445. Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector shall be conducted in accordance with the manufacturer's requirements.
(2) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at 1 1/2 times the operating pressure.
(3) Applicable tank methods. The methods in § 245.444(5)--(9) (relating to methods of release detection for tanks) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.
§ 245.446. Release detection recordkeeping.
Underground storage tank system owners and operators shall maintain records in accordance with § 245.435 (relating to reporting and recordkeeping) demonstrating compliance with the applicable requirements of §§ 245.441--245.446 (relating to release detection). These records shall include the following:
(1) Written performance claims pertaining to a release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the entire time the release detection system is in use at the facility.
(2) The results of any sampling, testing or monitoring shall be maintained for at least 1 year, except that the results of tank tightness testing conducted in accordance with § 245.444(3) (relating to methods of release detection for tanks) shall be retained until the next test is conducted.
(3) Written documentation of all calibration, maintenance and repair of release detection equipment permanently located onsite shall be maintained for at least 1 year after the servicing work is completed. Schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the entire time the equipment is in use at the facility.
OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE § 245.451. Temporary closure.
(a) When an underground storage tank system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection in accordance with § 245.432 (relating to operation and maintenance including corrosion protection), and release detection in accordance with §§ 245.441--245.446 (relating to release detection). Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed. Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system.
(b) When an underground storage tank system is temporarily closed for 3 months or more, owners and operators shall also comply with the following requirements:
(1) Vent lines shall be open and functioning.
(2) All other lines, pumps, manways and ancillary equipment shall be capped and secure.
(c) When an underground storage tank system is temporarily closed for more than 12 months, owners and operators shall permanently close the underground storage tank system if it does not meet either performance standards in § 245.421 (relating to performance standards for new underground storage tank systems) for new underground storage tank systems or the upgrading requirements in § 245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met. Owners and operators shall permanently close the substandard underground storage tank systems at the end of this 12 month period in accordance with §§ 245.452--245.455, unless the Department provides an extension of the 12 month temporary closure period. Owners and operators shall complete a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.
§ 245.452. Permanent closure and changes-in-service.
(a) At least 30 days before beginning either permanent closure or a change-in-service under subsections (b)--(d), or within another reasonable time determined by the Department, owners and operators shall notify the Department on a form provided by the Department of their intent to permanently close or make the change-in-service, unless the action is in response to corrective action. The required assessment of the excavation zone under § 245.453 (relating to assessing the site at closure or change-in-service) shall be performed after notifying the Department but before completion of the permanent closure or a change-in-service.
(b) To permanently close a tank, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice such as API 2015 by removing the liquids and accumulated sludges. Tanks taken out of service permanently shall also be either removed from the ground or filled with a nonshrinking, inert solid material.
(c) Replacement of the underground piping connected to a storage tank shall be considered a permanent closure of that part of the underground storage tank system. The requirements applicable to permanent closure of an underground storage tank system also apply to the permanent closure of system piping.
(d) Continued use of an underground storage tank system to store a nonregulated substance is considered a change-in-service. Continued use of an underground storage tank system in a manner which would exempt the underground storage tank system from the definition of ''underground storage tank'' in § 245.1 (relating to definitions) is also considered a change-in-service. Before a change-in-service, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice such as API 2015 by removing the liquid and accumulated sludge, and conduct a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service).
(e) An amended registration shall be submitted by the owner to the Department.
(f) A properly completed closure report is required to permanently close a site including change-in-service as defined in subsection (d). A copy of the completed closure report shall be submitted to the Department when requested.
§ 245.453. Assessing the site at closure or change-in-service.
(a) Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the underground storage tank site. Owners and operators shall sample for releases in a manner acceptable to the Department.
(b) If contaminated soils, contaminated groundwater or free product as a liquid or vapor is discovered under subsection (a), or by another manner, owners and operators shall begin corrective action in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
§ 245.454. Applicability to previously closed underground storage tank systems.
When directed by the Department, the owner and operator of an underground storage tank system permanently closed before December 22, 1988, shall assess the excavation zone and close the underground storage tank system in accordance with this subchapter if the underground storage tank system is, in the judgment of the Department, posing a current or potential threat to human health and the environment.
§ 245.455. Closure records.
Owners and operators shall maintain records in accordance with § 245.435 (relating to reporting and recordkeeping) that are capable of demonstrating compliance with closure requirements under this subchapter. The results of the excavation zone assessment required in § 245.453 (relating to assessing the site at closure or change-in-service) shall be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:
(1) By the owners and operators who took the underground storage tank system out of service.
(2) By the current owners and operators of the underground storage tank system site.
(3) By mailing these records to the Department if they cannot be maintained at the closed facility.
(Editor's Note: Subchapter F is new. It has been printed in regular type to enhance readability.)
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