RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CH. 245]
Storage Tank Technical Standards
[27 Pa.B. 5341] The Environmental Quality Board (Board) by this order amends Chapter 245 (relating to administration of the storage tank and spill prevention program). The amendments revise, add and delete several definitions. The amendments also contain an incorporation of the Federal underground storage tank regulations, found at 40 CFR Part 280 (relating to technical standards for owners and operators of underground storage tanks), with minor changes and additions. Finally, the amendments create new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for small and large aboveground storage tanks.
This order was adopted by the Board at its meeting of July 15, 1997.
A. Effective Date
The amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Glenn H. Rider II, Chief, Storage Tank Technologies and Permitting Section, P. O. Box 8762, Rachel Carson State Office Building, Harrisburg, PA 17105-8762, (717) 772-5800; or Kurt E. Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) and request that they relay the call. This final rulemaking is available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
This final rulemaking is being made under the authority of section 106 of the Storage Tank and Spill Prevention Act (act) (35 P. S. § 6021.106), which authorizes the Board to adopt rules and regulations of the Department governing aboveground and underground storage tanks to accomplish the purposes and carry out the provisions of the act; section 301(a) of the act (35 P. S. § 6021.301(a)), which requires the Department to establish a regulatory program for aboveground storage tanks; section 301(b) of the act, which allows the Department to establish classes and categories of aboveground storage tanks; section 301(d) of the act, which requires the Department to develop a simplified regulatory program for small aboveground storage tanks; section 304 of the act (35 P. S. § 6021.304), which establishes permitting requirements for aboveground storage tanks; section 501(a) of the act (35 P. S. § 6021.501), which requires the Department to develop a regulatory program for underground storage tanks; section 501(b) of the act, which allows the Department to establish classes and categories of underground storage tanks; section 504 of the act (35 P. S. § 6021.504), which establishes permitting requirements for underground storage tanks; section 1101 of the act (35 P. S. § 6021.1101), which establishes permitting requirements for new aboveground storage tank facilities; section 1102 of the act (35 P. S. § 6021.1102), which requires the Board to develop siting regulations for new aboveground storage tank facilities; section 5(b)(1) of The Clean Streams Law (35 P. S. § 691.5(b)(1)), which authorizes the Department to formulate, adopt and promulgate rules and regulations that are necessary to implement the provisions of The Clean Streams Law; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which authorizes the Board to formulate, adopt and promulgate rules and regulations that may be determined by the Board to be for the proper performance of the work of the Department.
D. Background and Summary
This rulemaking package represents the final major new rulemaking package for implementation of the Commonwealth's storage tank program. This final rulemaking package covers the last major areas identified by the act as required to be covered by regulation. Sections 301(a) and 501(a) of the act outline the regulatory program the Department is required to develop for aboveground and underground storage tanks, respectively. These sections of the act mandate a regulatory program that includes, at a minimum, standards for the following: registration and permitting of storage tanks; release detection; periodic inspections of facility operation; inventory control; records maintenance; construction, testing, operation, repair and reuse of storage tanks; corrosion and release prevention; removal of storage tanks from service and closure reporting requirements. These sections also grant the Department the authority to issue permits-by-rule to certain classifications of storage tanks.
The major new amendment in this package is the adoption of Subchapters F and G (relating to technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks), which contain a comprehensive regulatory program for large and small aboveground storage tanks, respectively. Because the Federal government adopted underground storage tank regulations in 1988, the focus of the Commonwealth's storage tank program has been almost exclusively on those storage tanks, both from regulatory and compliance standpoints. While much work remains to be done in the underground storage tank arena, the Environmental Protection Agency's (EPA) 1998 deadline for the upgrading or closure of underground storage tanks is fast approaching.
It should be recalled that the major impetus for the passage of the act in 1989 was the collapse of a large Ashland Oil aboveground storage tank on the Monongahela River in western Pennsylvania. These new subchapters represent an attempt to have standards of performance in place for the time when program priorities are able to shift more to the aboveground side of the storage tank equation. It should also be noted that many owners/operators are switching from underground to aboveground storage of regulated substances. The Department is concerned that this switch not take place in a vacuum but be carried out in an environmentally safe manner. As discussed as follows, these amendments mainly require owners/operators to follow existing, Nationally recognized industry standards. These standards are already acknowledged by the regulated community as sound business practice, from both environmental and economic perspectives.
Subchapter E (relating to technical standards for underground storage tanks) represents the Department's attempt to address Statewide concerns about the Commonwealth's underground storage tank program. The Commonwealth incorporated portions of the Federal underground storage tank regulations in 40 CFR Part 280 by reference at 21 Pa.B. 4345 (September 20, 1991). Since that time, the interaction between the Commonwealth's storage tank program and the Federal regulations has been a source of confusion for both the Department and the regulated community.
In addition, more than 8 years have passed since 40 CFR Part 280 became effective, and changes are required to keep the program current. An example of this would be statistical inventory reconciliation (SIR). SIR represents an alternative method, developed in the last several years, for meeting EPA's inventory control requirements. Although EPA has developed an SIR protocol, there are no Federal regulatory requirements yet for SIR. By developing formal SIR rules modeled on the EPA policy, vendors of these services and their customers (the owners and operators of underground storage tanks in this Commonwealth) will have assurances regarding what is acceptable.
For these reasons, the Department believes that having all underground storage tank requirements in one place (Chapter 245), as well as updating the underground storage tank regulations when necessary, is appropriate at this time. For the most part, the Federal regulations are codified unchanged. When they have been altered, the change is noted and discussed in this section of the Preamble.
Finally, the Department believes that the permitting provisions of the act are confusing and overly burdensome on tank owners and operators. Therefore, the Department has adopted Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities), which contains regulations which will ensure that all storage tank facilities will be covered by an operating permit. Operating permits can either be a permit-by-rule or a general operating permit. In addition to operating permits, a small segment of the tank population may need to obtain a site specific installation permit before they install new large aboveground storage tanks, field constructed underground storage tanks and highly hazardous underground storage tanks. Permit fees apply to all new storage tanks covered by operating and site-specific permits. Permit fees are established by the act. These amendments should clarify when a permit is required, when the permit is no longer valid and how an owner/operator goes about obtaining the required permits. These amendments also implement the requirements of Chapter 11 of the act (35 P. S. §§ 6021.1101 and 6021.1102).
The Department worked closely with informal technical advisory committees, as well as the Storage Tank Advisory Committee (STAC), during development of this rulemaking. STAC, established by section 105 of the act (35 P. S. § 6021.105), consists of persons representing a cross-section of organizations having a direct interest in the regulation of storage tanks in this Commonwealth. A listing of members of STAC may be obtained from Glenn Rider, whose address appears in Section B of this Preamble.
The draft proposed regulations were reviewed by STAC at meetings held in April, June, August and October 1995. At the October meeting, STAC prepared a written report on the proposed amendments which was presented to the Board. As required by section 105 of the act, STAC has been given the opportunity to review and comment on this final rulemaking. At its meetings on February 4, 1997, and June 12, 1997, STAC reviewed and discussed the final amendments. STAC prepared a written report approving the regulations as written. Copies of the STAC report on this rulemaking was presented to the Board with this final rulemaking. Copies of the STAC report may be obtained from Glenn Rider, whose address appears in Section B of this Preamble.
A brief description of the amendments is as follows:
Subchapter A. General Provisions
1. Section 245.1. Definitions.
Section 245.1 is amended by adding definitions, adopting definitions from 40 CFR Part 280 with minor changes and by modifying existing definitions used in this rulemaking. The terms added are: ''change-in-service,'' ''coax vapor recovery,'' ''combination of tanks,'' ''corrosion protection,'' ''de minimis,'' ''emergency containment,'' ''highly hazardous substance tank,'' ''in-service inspection,'' ''large aboveground storage tank,'' ''large aboveground storage tank facility,'' ''out-of-service inspection,'' ''reconstruction'' and ''underground vault.'' The definition of ''highly hazardous substance tank'' is based on reportable quantities of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) substances found in 40 CFR 302.4 (relating to designation of hazardous substances). The reasons for adding these definitions are outlined in the appropriate substantive discussions in this section of the Preamble and in Section E of this Preamble.
The definitions adopted from 40 CFR Part 280 with minor changes are: ''beneath the surface of the ground,'' ''CERCLA,'' ''cathodic protection tester,'' ''compatible,'' ''connected piping,'' ''consumptive use,'' ''corrosion expert,'' ''dielectric material,'' ''electrical equipment,'' ''excavation zone,'' ''existing underground storage tank system,'' ''gathering lines,'' ''hazardous substance storage tank system,'' ''heating oil,'' ''hydraulic lift tank,'' ''liquid trap,'' ''motor fuel,'' ''new underground storage tank system,'' ''noncommercial purposes,'' ''on the premises where stored,'' ''operational life,'' ''overfill,'' ''petroleum system,'' ''pipe or piping,'' ''pipeline facilities (including gathering lines),'' ''residential tank,'' ''SARA,'' ''septic tank,'' ''stormwater or wastewater collection system,'' ''surface impoundment,'' ''tank,'' ''underground area,'' ''upgrade,'' ''underground storage tank system'' and ''wastewater treatment tank.''
The existing definitions in this section that were amended or modified are: ''aboveground storage tank,'' ''removal from service'' and ''underground storage tank.'' The ''aboveground storage tank'' definition is amended to deregulate certain categories of tanks. The definition of ''underground storage tank'' is amended to follow the Federal definition more closely. The definition of ''removal from service'' is amended to provide more clarification.
2. Section 245.2. General.
Section 245.2 is amended to remove the reference incorporating the Federal regulations governing underground storage tank systems contained in 40 CFR Part 280. These technical requirements are codified in Subchapter E.
Section 245.2 is further amended to adopt, by reference, Federal regulations at 40 CFR Part 280, Subpart I (relating to lender liability). By adopting this rule by reference, the Department will have regulations in place that provide clear protection to lending institutions who hold a financial interest in underground storage tanks. This rule clearly defines what represents a financial versus control interest for lending institutions. It compliments Act 3 of 1995 and works in concert with the goals of Act 2 of 1995. Through this rule, lending institutions should be more willing to take possession of forfeited underground storage tank sites, loan money for upgrades and invest in the development of new sites.
3. Section 245.31. Underground storage tank testing requirements.
This section is amended to acknowledge the use of tank tightness testing in conjunction with cathodic protection upgrading and in testing tanks which were repaired as a result of a release. This section is further amended to require that tank tightness testers provide, as a part of their test report, a certification that the test meets the requirements of these regulations.
Subchapter C. Permitting of underground and aboveground storage tank systems and facilities
1. Section 245.201. Scope.
This section outlines the scope of Subchapter C. Section 304(a) of the act states that a person may not install, construct, erect, modify, operate or remove from service, all or part of an aboveground storage tank unless the person has first obtained a permit from the Department. Similar language is found in section 504(a) of the act for underground storage tanks.
Aboveground storage tanks and underground storage tanks (unless specifically regulated by Federal law) storing heating oil for consumptive use on the premises where stored are exempt from all provisions of this rulemaking.
2. Section 245.202. Public records and confidential information.
This section contains standard boilerplate language regarding public availability of permitting information and establishes rules for confidentiality of certain portions of a permit application. Specifically, unless the application contains trade secrets, processes, operations, styles of work or apparatus of a person or is otherwise confidential business information, information shall be made available for public inspection or copying during regular business hours of the Department.
3. Section 245.203. General requirements for permits.
As a matter of rule, a person may not operate an aboveground or underground storage tank system unless the person has first applied for and received a permit for the activity from the Department.
Subsection (b) excludes permitting applications for those storage tank systems that qualify for a permit-by-rule if the person maintains and operates the system in compliance with applicable rules, regulations and laws of the Department. Failure to do so may result in administrative or other Departmental actions against the owner/operator.
Subsection (c) allows existing storage tank systems to continue to operate until the Department may request a permit application or permitting information, if the system is operated in compliance with applicable rules, regulations and laws of the Department.
Subsection (d) allows continued operation until the Department takes a final action on the permit application.
Finally, subsection (e) states that operating permits will be renewed on an annual basis concurrent with registration, with no additional paperwork or fee beyond the registration requirements.
4. Section 245.204. Form of the application.
Permit applications must be submitted to the Department in writing, on forms provided by the Department. The information must be concise and supported by proper reference.
5. Section 245.205. Verification of application.
This section requires that the official who is responsible for the applicant's storage tanks sign the permit application form. It is up to the applicant to determine who that official should be.
Permits by Rule
1. Section 245.211. Scope.
All small aboveground storage tanks systems, except those systems storing highly hazardous substances, and all underground manufactured tank systems storing petroleum qualify for an operational permit-by-rule. To minimize paperwork, a permit-by-rule requires no additional information beyond that submitted as part of the annual registration form.
2. Section 245.212. Minimum requirements for obtaining a permit-by-rule.
This section describes the operational permit requirements for permit-by-rule storage tanks. To receive and maintain a permit-by-rule, the owner/operator must annually register the tank; use certified individuals for inspections and tank handling activities; meet applicable technical, administrative and operational requirements; submit a current spill prevention and response plan where required; meet applicable financial responsibility requirements; and follow corrective action procedures where necessary. Failure to comply with these requirements could result in administrative or other Departmental actions to assure compliance.
General Permits
1. Section 245.221. Scope.
Storage tank systems not covered by a permit-by-rule for operation are subject to a general operating permit. Between those facilities receiving a permit-by-rule or a general operating permit, the full universe of regulated storage tanks in this Commonwealth will receive operating permits, thus eliminating burdensome paperwork for the regulated community.
2. Section 245.222. Application requirements.
An application containing a certification of compliance with the requirements for a general operating permit must be submitted on a form provided by the Department. Permitting requirements are the same as those for a permit-by-rule, with the exception that all large aboveground storage tanks are required to have a current Spill Prevention and Response Plan (SPRP) that is in conformance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904). In both the permit-by-rule and the general permit, the Department proposes that inspection reports, tank handling forms, SPRPs, registration forms and other routinely required paperwork become part of the permit. This information will serve to update and renew the permit as it is submitted.
Site-Specific Installation Permits
1. Section 245.231. Scope.
This section establishes classes of new storage tank systems and facilities which must receive site-specific permits prior to installation. Chapter 11 of the act contemplates owners or operators of proposed new aboveground storage tank facilities in excess of 21,000 gallons, or new storage tanks in excess of 21,000 gallons at existing facilities, receiving a site-specific installation permit prior to construction. In addition, the Department believes it to be in the best interest of the citizens of this Commonwealth to require that newly proposed, highly hazardous substance tanks provide written notification prior to installation so that the potentially affected public has the opportunity to provide comment on the proposal to install a storage tank system.
2. Section 245.232. General requirements.
Applicants for a site-specific permit must provide certification that all required administrative, technical and operational requirements specified in Subchapters B and E--G will be met. Additionally, information on siting requirements, an environmental assessment, a current SPRP and proof of public notification are required. This information is consistent with Chapter 11 of the act. The permit must be approved by the Department before construction activities commence at the site.
3. Section 245.233. Mapping requirements.
Adequate technical review and compliance with siting requirements require the applicant to provide a map identifying certain features within and adjacent to the proposed new facility or the proposed location of the new large aboveground storage tank at an existing facility. The mapping requirements, to be plotted on a map of not less than a 1 inch to 400 feet scale, include the following: boundaries for the proposed facility, location of public roads or proposed monitoring wells, the municipality where the proposed facility is located, elevation and locations of test borings, as well as ownership and location of inactive or abandoned underground mine workings. The applicant must also provide information on location and ownership of public and private groundwater supplies and slope measurements. This information is consistent with that required to prepare an SPRP. The expanded map and location of test borings and monitoring well locations are informational requirements beyond those required in the SPRP but are necessary if the site is to be adequately assessed.
4. Section 245.234. Siting requirements.
Section 1102 of the act requires the Department to develop siting regulations for new aboveground facilities. Section 1102 of the act also requires that the Board hold at least one public hearing on the proposed siting requirements. A public hearing was held on the proposed regulations on August 7, 1996.
For public health and safety reasons, as well as the other requirements of section 1102 of the act, the Department believes that the public interest and environment can be best protected by requiring applicants for site-specific permits to address the location of wetlands, floodplains, limestone geology and previous underground mining operations. These criteria go directly to section 1102's mandate that the Department consider flooding, water quality, topography, hydrogeology and public health and safety.
Section 245.234(a)(1) limits the placement of new facilities on floodplains. Section 245.234(a)(2) limits the installation of new facilities or new tanks covered by site-specific installation permits in existing wetlands. New proposed facilities or tanks must consider sinkholes, solution tunnels and underground mining to assure stability of the site as well as the ability of the site to contain a spill in the event of a catastrophic release such as the Ashland Oil accident in 1989.
While assuring that new facilities site in safe and environmentally sound locations, the Department recognizes that many existing facilities are located on floodplains. This practice usually is the result of reliance upon barge or tanker transport of regulated petroleum substances. Accordingly, the amendments allow for new large aboveground storage tanks to be constructed where an industrial use already exists on a floodplain. For clarity, the Department is proposing to interpret the term ''industrial use'' in a manner that is consistent with the definition of ''industrial activity'' contained in section 103 of the Land Recycling and Environmental Remediation Standards Act (Act 2) (35 P. S. § 6026.103). As a result, siting of the tanks would not be exclusively limited to the same activity that existed prior to the adoption of these regulations.
''Industrial activity'' is defined in Act 2 as ''commercial, manufacturing, public utility, mining or any other activity done to further either the development, manufacturing or distribution of goods and services, intermediate and final products and solid waste created during the activities, including, but not limited to, administration of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery and equipment and solid waste management.''
Finally, the applicant must assure that minerals providing surface support will not be mined as long as the facility stores regulated substances.
The information needed to meet the siting requirements should be readily available. Additional site-specific investigations are required where the site has been previously undermined and the applicant needs to develop a stability plan. The additional requirements are not expected to be overly burdensome and are the same kinds of activities performed for any large surface construction project.
5. Section 245.235. Environmental assessment.
This section requires the applicant to provide information on several other environmental amenities which are regulated under other State and Federal laws; for example, wild and scenic rivers, threatened or endangered species and special protection watersheds. The facilities and tank systems covered by these installation permits are large enough, or store the substances, as to potentially have a serious impact on these important resources. For the purposes of the assessment, the Department will coordinate any necessary reviews with the appropriate State or Federal agencies and will work with the applicant to minimize or mitigate any identified adverse environmental impacts.
6. Section 245.236. Public notice.
In addition to the notification requirements in § 245.232(b)(2), prior to filing a permit application, the owner of a proposed new large aboveground storage tank facility or aboveground storage tank system with greater than 21,000 gallons capacity or a proposed new highly hazardous substance tank must give written notice to the local municipality and county. This requirement is based on the mandate of section 1101(a) of the act.
The Department believes that it is in the best interest of public health and safety that a notice is served, given the size of the tank system or facility and the potential toxicity of regulated highly hazardous substances. This requirement is also similar to Federal requirements found at 40 CFR Part 370 (relating to hazardous chemical reporting: community right-to-know).
7. Section 245.237. Public hearings.
This section implements the commands of section 1101(b) of the act. After submission of a permit application to construct a new large aboveground storage tank facility or highly hazardous substance storage tank system, the Department may hold a public hearing on the application in the municipality or county where the aboveground storage tank facility or highly hazardous tank system is proposed to be located.
Subchapter E. Technical Standards for Underground Storage Tanks and Facilities
The purpose of this subchapter is to codify Federal requirements found in 40 CFR Part 280. Subchapter E establishes general, inspection, underground storage tank system design and construction, general operating, release detection and out-of-service underground storage tank system and closure requirements for storage tank facilities regulated under the act. Part 280 was previously incorporated by reference, with minor exceptions, at 21 Pa.B. 4345 (September 20, 1991). By codifying the Federal technical standards in Chapter 245, the regulatory requirements will be fully detailed in one document. The Department believes that this will lead to greater clarity and simplicity, assisting the public and the regulated community in understanding the requirements for underground storage tank systems in this Commonwealth.
1. Section 245.401. Purpose.
This section states the purpose of Subchapter E, which sets forth the operational and technical requirements for underground storage tanks and underground storage tank facilities.
2. Section 245.402. Scope.
This section establishes that this subchapter applies to underground storage tanks regulated under the act and Chapter 245.
3. Section 245.403. Applicability.
This section clarifies that this subchapter applies to all owners and operators of underground storage tank systems, as well as installers and inspectors of those systems.
4. Section 245.404. Variances.
This section establishes a procedure for owners/operators to apply for a variance from the requirements of this subchapter when unique or peculiar circumstances make compliance technically infeasible or unsafe and alternate methods fully protect human health and the environment. Similar procedures and allowances are contained within the individual sections of 40 CFR Part 280 (for example, see 40 CFR 280.21(a)(2)(iv) (relating to upgrading of existing UST systems). The Department believes that having a general section dealing with these alternative methods of meeting the performance standards for underground storage tank systems is preferable for meeting the goals of clarity and ease of understanding.
5. Section 245.405. Codes and standards.
This section specifies that underground storage tank systems must comply with applicable industry codes and establishes a mechanism for recognizing additional codes. A list of codes for complying with this subchapter is available from the Department.
6. Section 245.411. Inspection frequency.
This section establishes operations inspection criteria consistent with the act and provides a phase-in period to begin the operations inspection process at existing underground storage tank facilities.
7. Sections 245.421 and 245.422. Performance standards for new underground storage tank systems, and upgrading of existing underground storage tank systems.
These sections codify the current Federal requirements for performance and installation requirements for new underground storage tank systems and the December 22, 1998, upgrade requirements for existing systems. Section 245.422 clarifies that all underground storage tank systems which do not meet corrosion protection and spill and overfill prevention standards by the December 22, 1998, deadline, shall be closed in accordance with the closure requirements.
8. Section 245.423. Registration requirements.
This section specifies the registration requirements for underground storage tanks, including when registration must be amended.
9. Sections 245.424 and 245.425. Standards for new field constructed tank systems and reuse of removed tanks.
These sections clarify the technical requirements for new field constructed tank systems and used tanks that will be reused. These sections provide standards for both groups of tanks equivalent to manufactured tank standards contained in 40 CFR 280.20 (relating to performance standards for new UST systems).
10. Sections 245.431--245.435. Spill and overfill control, operation and maintenance including corrosion protection, compatibility, repairs allowed, and reporting and recordkeeping.
These sections address the general operating requirements for spill and overfill control, corrosion protection, system compatibility, system repairs, reporting and recordkeeping. These sections are consistent with Federal technical requirements in 40 CFR Part 280. Section 245.434 does go beyond the Federal requirements by requiring the use of certified installers to conduct tank handling activities on underground storage tank systems, in accordance with section 501(c)(2) of the act.
The Department wants to clarify that, in § 245.434 (relating to repairs allowed), repairs involving tank handling activities need not be completed by a Department certified installer. Repairs may be completed by other competent individuals such as a manufacturer's representative as long as that person is under the direct, onsite supervision and control of a Department certified installer.
11. Sections 245.441--245.446. General requirements for all underground storage tank systems, requirements for petroleum underground storage tank systems, requirements for hazardous substance underground storage tank systems, methods of release detection for tanks, methods of release detection for piping and release detection recordkeeping.
These sections specify the piping and tank release detection requirements for petroleum and hazardous substance systems and release detection recordkeeping requirements. Specific requirements set forth in subsection 245.444(8) (relating to methods of release detection for tanks) are consistent with the EPA proposed recommendations, although specific regulations dealing with SIR do not currently exist in 40 CFR Part 280. The Federal requirements allow other release detection methods provided that the method can effectively detect a release; when conducted properly SIR provides such an option. Section 245.441(a)(3) (relating to general requirements for underground storage tank system) shows SIR in the leak detection table.
The requirements in § 245.441(a)(3)(i) and (ii) comply with the recommendations concerning SIR of the state/Federal workgroup assembled by the EPA to consider leak detection issues. The workgroup is comprised of members from seven states, several EPA regions and EPA's Office of Underground Storage Tanks in Washington, D.C. The Department believes that independent evaluation of SIR performance claims and reevaluation when National standards change are necessary to ensure that Pennsylvania's owners/operators receive valid tests results from SIR vendors.
12. Sections 245.451--245.455. Temporary closure, permanent closure and change-in-service, assessing the site at closure or change-in-service, applicability to previously closed underground storage tank systems, and closure records.
These sections specify requirements for temporary closure and changes-in-service for a tank system, site assessment requirements, initiating corrective action when contamination is discovered, site assessment requirements of underground storage tank systems closed prior to December 22, 1988, and closure record requirements. Section 245.452(c) specifies replacement of system piping as a closure activity. Although this provision is not explicitly contained in the Federal regulations, the Department believes that this provision is consistent with the intent of those regulations, which require measurement of the portions of the underground storage tank site where releases are most likely to be present when closure takes place (40 CFR 280.72(a) (relating to assessing the site at closure or change-in-service)). There is also a compelling public interest in assessing sites where piping-only closures take place. In many release situations, it is the piping holding regulated substances that leaks rather than the underground storage tank itself ('' piping releases occur twice as often as tank releases; . . . When piping systems fail, pressurized systems pose a significant added threat of sudden, large releases.'' 53 FR 37088). In the latest report of the Underground Storage Tank Indemnification Fund, over 22% of all claims investigated over the past 2 years involved a release from piping runs. For these reasons, the Department believes that piping-only closures should be conducted in a manner that actively determines whether or not that piping run had a release while it was operating.
While § 245.455 requires owners and operators to maintain the excavation zone assessment for a minimum of 3 years, the Department recommends that the entire closure report be maintained for an indefinite period. Proof of proper closure and verification of site conditions at the time of closure could be very important in the future particularly if the property is sold.
Subchapter F. Technical Standards for Aboveground Storage Tanks and Facilities
This subchapter is necessary to establish minimum technical standards for aboveground storage tanks under section 301(a) of the act. There are no corresponding comprehensive Federal aboveground storage tank regulations.
The technical and operational standards established by this subchapter and Subchapter G generally must be met by both ''operators'' and ''owners'' (as defined by section 103 of the act) of aboveground storage tanks. The Department recognizes that business arrangements may exist where a person might own a storage tank but leases the tank to a separate facility owner or operator. In these arrangements, the tank owner may not have the ability to access the storage tank in a manner necessary to ensure that the Department's technical and operational requirements are met. When a violation of those standards occurs, the Department may take these circumstances into account when considering options to achieve compliance with the standards.
In addition, the Department recognizes that arrangements between tank owners and operators for meeting the Department's technical and operational standards exist. The Department may take these agreements into account as well if violations occur and compliance options are considered.
It is very important to note, however, that the underlying statutory liability remains, in most cases, with the tank owner as well as the tank operator. The Department does not limit its right to enforce the act and the regulations promulgated under the act against any person defined as a responsible party by the act.
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