[27 Pa.B. 5341]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM
Subchapter A. GENERAL PROVISIONS
GENERAL § 245.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Aboveground storage tank--One or a combination of stationary tanks with a capacity in excess of 250 gallons, including underground pipes and dispensing systems connected thereto within the emergency containment area, which is or was used to contain an accumulation of regulated substances, and the volume of which, including the volume of piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes tanks which can be visually inspected, from the exterior, in an underground area. The term does not include the following, or pipes connected thereto:
(i) A tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes or motor oil.
(ii) A tank used for storing heating oil for consumptive use on the premises where stored.
(iii) A pipeline facility, including gathering lines, regulated under:
(A) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.A. App. §§ 1671--1687).
(B) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C.A. §§ 2001--2015).
(C) An interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (A) or (B).
(iv) A surface impoundment, pit, pond or lagoon.
(v) A stormwater or wastewater collection system.
(vi) A flow-through process tank, including, but not limited to, a pressure vessel and oil and water separators.
(vii) A nonstationary tank liquid trap or associated gathering lines directly related to oil and gas production or gathering operations.
(viii) Tanks which are used to store brines, crude oil, drilling or frac fluids and similar substances or materials and are directly related to the exploration, development or production of crude oil or natural gas regulated under the Oil and Gas Act (58 P. S. §§ 601.101--601.605).
(ix) Tanks regulated under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31).
(x) Tanks used for the storage of products which are regulated under the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. §§ 301--392).
(xi) Tanks regulated under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), including, but not limited to, piping, tanks, collection and treatment systems used for leachate, methane gas and methane gas condensate management.
(xii) A tank of 1,100 gallons or less in capacity located on a farm used solely to store or contain substances that are used to facilitate the production of crops, livestock and livestock products on the farm.
(xiii) Tanks which are used to store propane gas.
(xiv) Tanks containing radioactive materials or coolants that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297).
(xv) Tanks regulated under the act of May 2, 1929 (P. L. 1513, No. 451), known as the Boiler Reglation Law (35 P. S. §§ 1301--1500).
(xvi) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xvii) A tank that contains a de minimis concentration of regulated substances.
(xviii) An emergency spill or overflow containment tank that is expeditiously emptied after use.
(xix) Other tanks excluded by regulations promulgated under the act.
* * * * * Beneath the surface of the ground--Beneath the ground surface or otherwise covered with earthen materials.
* * * * * CERCLA--The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601--9675).
* * * * * Cathodic protection tester--A person who can demonstrate an understanding of the principles and measurements of common type of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, the person shall have education and experience in soil resistivity, stray current, structure to soil potential and component electrical isolation measurements of buried metal piping and tank systems.
Change-in-service--One of the following:
(i) Continued use of a storage tank system to store an unregulated substance.
(ii) Continued use of a storage tank system in a manner which would exempt the system from the definition of aboveground storage tank or underground storage tank.
* * * * * Coax vapor recovery--The use of a coaxial fitting to provide Stage I vapor recovery; one orifice for the conveyance of the product to the tank and a second, concentric orifice for venting the tank to the delivery vehicle.
Combination of tanks--Tanks connected together at a manifold in a manner that they act as a single unit; tank capacity for a combination of tanks is the sum of the individual tank capacities.
Compatible--The ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.
Connected piping--All piping including valves, elbows, joints, flanges and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual tank system, the piping that joins two regulated systems should be allocated equally between them.
Consumptive use--the term means, with respect to heating oil, that which is consumed on the premises.
* * * * * Corrosion expert--A person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
Corrosion protection--The protection of metal from deterioration. The deterioration may be due to a natural electrochemical reaction between the metal and the soil or other electrolyte, or because of stray direct currents.
De minimis--With regard to products containing regulated substances, the term applies when the regulated substance is of insufficient concentration to be required to appear on a Material Safety Data Sheet (MSDS). The term does not apply to section 507 of the act (35 P. S. § 6021.507) as it pertains to site contamination.
Dielectric material--A material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the tank system for example, tank from piping.
Electrical equipment--Equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
Emergency containment--A containment structure which serves to convey, capture and contain the total volume of an anticipated release of regulated substance from an aboveground or underground storage tank system and which is expeditiously emptied.
* * * * * Excavation zone--The volume containing the tank system and backfill material bounded by the ground surface, walls and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
* * * * * Existing underground storage tank system--An underground storage tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if the following apply:
(i) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction of the site or installation of the tank system.
(ii) One of the following apply:
(A) A continuous onsite physical construction or installation program has begun.
(B) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction at the site or installation of the tank system to be completed within a reasonable time.
* * * * * Gathering lines--A pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.
* * * * * Hazardous substance storage tank system--A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. § 101(14)). The term does not include a storage tank system that contains a substance regulated as a hazardous waste under Subtitle C of CERCLA, or mixture of the substances and petroleum, and which is not a petroleum system.
Heating oil--Petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers or furnaces.
Highly hazardous substance tank--A storage tank of greater than 1,100 gallons capacity which contains reportable quantities of substances with CERCLA reportable release quantity of 10 pounds or less, as identified by 40 CFR Part 302 (relating to designation, reportable quantities, and notification).
Hydraulic lift tank--A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.
In-service inspection--A scheduled aboveground storage tank external inspection to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department-certified aboveground storage tank inspector. The tank system may be in operation during this inspection.
* * * * * Large aboveground storage tank-An aboveground storage tank having a capacity greater than 21,000 gallons.
Large aboveground storage tank facility--An aboveground storage tank facility with greater than 21,000 gallons total aboveground storage capacity.
Liquid trap--Sumps, well cellars and other traps used in association with oil and gas production, gathering and extraction operations (including gas production plants), for the purpose of collecting oil, water and other liquids. The liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
* * * * * Motor fuel--Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol, and is typically used in the operation of an internal combustion engine.
* * * * * New underground storage tank system--An underground storage tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988. (See the definition of ''existing underground storage tank system.'')
Noncommercial purposes--The term means, with respect to motor fuel, motor fuel not for resale.
* * * * * On the premises where stored--With respect to heating oil, the term means tank systems located on the same property where the stored heating oil is used.
Operational life--The period beginning when installation of the tank system has commenced until the time the tank system is properly closed.
* * * * * Out-of-service inspection--A scheduled aboveground storage tank inspection that encompasses both internal and external examination to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department-certified aboveground storage tank inspector. The tank system may not be in operation during this inspection.
Overfill--A release that occurs when a tank is filled beyond its capacity.
* * * * * Petroleum system--A storage tank system that primarily contains petroleum, and may contain additives or other regulated substances. The term includes systems containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.
Pipe or piping--A hollow cylinder or tubular conduit that is constructed of nonearthen materials. The terms include the associated fittings such as unions, elbows, tees and flexible joints.
Pipeline facilities (including gathering lines)--New and existing pipe rights-of-way and associated equipment, facilities or buildings.
* * * * * Reconstruction--The work necessary to reassemble a storage tank that has been dismantled and relocated to a new site.
* * * * * Removal from service--The term includes the following:
(i) Activities related to rendering an underground storage tank system permanently unserviceable. Activities include the oversight of the proper draining and cleaning of the storage tank system of product liquids, vapors, accumulated sludges or solids, and completing one of the following:
* * * * * (ii) Discontinued use, abandonment, closure in place and permanent closure but does not include temporary closure as those terms are used in the act.
(iii) Site assessment activities required under Subchapter E (relating to technical standards for underground storage tanks) and applicable State law, which are the responsibility of owners and operators, but are not conducted by certified installers or inspectors.
* * * * * Residential tank--A tank located on property used primarily for dwelling purposes.
* * * * * SARA--The Superfund Amendments and Reauthorization Act of 1986, the act of October 17, 1986 (Pub.L. No. 99-499, 101 Stat. 1613).
* * * * * Septic tank--A watertight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer.
* * * * * Stormwater or wastewater collection system--Piping, pumps, conduits and other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation or domestic, commercial or industrial wastewater to and from retention areas or the areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance.
* * * * * Surface impoundment--A natural topographic depression, manmade excavation or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is not an injection well.
* * * * * Tank--A stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials, for example, concrete, steel or plastic that provide structural support.
* * * * * Underground area--An underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.
* * * * * Underground storage tank--One or a combination of tanks (including underground pipes connected thereto) which are used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. The term does not include:
(i) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(ii) Tanks used for storing heating oil for consumptive use on the premises where stored unless they are specifically required to be regulated by Federal law.
(iii) A septic or other subsurface sewage treatment tank.
(iv) A pipeline facility (including gathering lines) regulated under:
(A) The Natural Gas Pipeline Safety Act of 1968.
(B) The Hazardous Liquid Pipeline Safety Act of 1979.
(v) An interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law in subparagraph (iv).
(vi) Surface impoundments, pits, ponds or lagoons.
(vii) Stormwater or wastewater collection systems.
(viii) Flow-through process tanks.
(ix) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.
(x) Storage tanks situated in an underground area (such as a basement, cellar, mine working, drift, shaft or tunnel) if the tank is situated upon or above the surface of the floor.
(xi) Tanks regulated under the Solid Waste Management Act, including, but not limited to, piping, tanks, collection and treatment systems used for leachate, methane gas and methane gas condensate management, except for tanks subject to 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).
(xii) An underground storage tank system with capacity of 110 gallons or less.
(xiii) Tanks containing radioactive materials or coolants that are regulated under The Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297).
(xiv) A wastewater treatment tank system.
(xv) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xvi) An underground storage tank system that contains a de minimis concentration of regulated substances.
(xvii) An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.
(xviii) An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A (relating to general design criteria for nuclear power plants).
(xix) Other tanks excluded by policy or regulations promulgated under the act.
Underground storage tank system--An underground storage tank, connected piping and ancillary equipment and containment system.
Underground vault--A structure which is beneath the surface of the ground and is designed specifically to contain an aboveground storage tank.
* * * * * Upgrade--The addition or retrofit of some systems such as cathodic protection, lining or spill and overfill controls to improve the ability of a storage tank system to prevent the release of product.
Wastewater treatment tank--A tank that is designed to receive and treat an influent wastewater through physical, chemical or biological methods.
* * * * * § 245.2. General.
(a) A person may not install, construct, erect, modify, operate or remove from service all or part of a storage tank system or storage tank facility in a manner that violates the act, this part or applicable Federal regulations adopted under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6987). This chapter incorporates by reference the Federal regulations in 40 CFR Part 280, Subpart I (relating to lender liability).
(b) Whenever industry codes are specified in this chapter, the latest edition shall be used. When industry codes are updated, facilities installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standard. The requirements of this chapter shall govern in the event of a conflict between the requirements of this chapter and an applicable industry standard.
(c) A person may not install a storage tank system regulated under the act unless the system does the following:
(1) Will prevent releases due to corrosion or structural failure for the operational life of the system.
(2) Is protected against corrosion and designed in a manner to prevent the release or threatened release of any stored substance.
(3) Is constructed or lined with material that is compatible with the stored substance.
TIGHTNESS TESTING ACTIVITIES § 245.31. Underground storage tank tightness testing requirements.
(a) Tightness testing activities shall be conducted by a Department certified underground tightness testing (UTT) installer, except when performed by an owner or operator using installed automatic tank gauging or monitoring equipment.
(b) Tightness testing is required to be conducted when it is:
(1) Used as a method of release (leak) detection as prescribed in §§ 245.442(1) and 245.443(1) (relating to requirements for petroleum underground storage tank system; and requirements for hazardous substance underground storage tank systems).
(2) Used to complete the installation of a new single wall constructed underground storage tank. The testing is an integral part of the installation process.
(3) Used in conjunction with cathodic protection upgrading as prescribed in § 245.422(b)(2)(iii) or (v) (relating to upgrading of existing underground storage tank systems).
(4) Used to test tanks repaired in response to a release as prescribed in § 245.434(5) (relating to repairs allowed).
(5) Otherwise required by the Department.
(c) Tightness testing shall be conducted in accordance with equipment manufacturer's written instructions and using the recommended written practices, procedures and established test method protocols developed by the sources in § 245.132(a)(1) (relating to standards of performance).
(d) A failed valid tightness test will, regardless of the test method, constitute a suspected release, except as provided in § 245.304(b) (relating to investigation of suspected releases). A failed valid tightness test conducted as part of an investigation of a suspected release constitutes a confirmed release.
(e) A written test report shall be provided to the tank owner as documentation of test results. The test methodology, a certification that the test meets the requirements of § 245.444(3) (relating to methods of release detection for tanks) and sufficient test data, which were used to conclude that the tank passed or failed the tightness test, shall be included in the test report.
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. Verification of application. 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. Compliance with the permitting requirements in this subchapter does not relieve a permitee from the obligation to comply with other Federal, State or local requirements.
§ 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 will 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) Operating permits will be renewed automatically on an annual basis concurrent with registration. There will be no additional fee or paperwork required beyond the registration requirements.
§ 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. 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.
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.
(2) 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).
(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 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).
(6) 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.
(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).
(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.
(a) 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.
(b) Site specific installation permits meeting the requirements in §§ 245.232(a)(1) and (2) and 245.236 (relating to general requirements; and public notice) are required prior to the construction, reconstruction or installation of one or more of the following:
(1) New underground field constructed storage tank systems.
(2) New underground highly hazardous substance tanks.
(3) New small aboveground highly hazardous substance tanks.
(c) If the facility owner or operator can demonstrate that, on October 11, 1997, either construction has commenced or the owner/operator has entered into contractual agreements for construction of a new storage tank or facility covered by this section, the requirements of this section will not apply.
§ 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) The information required by §§ 245.233 and 245.234 (relating to mapping requirements; and siting requirements).
(4) 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). Acceptable proof of notification includes, but is not limited to, copies of letters sent to the affected municipality and county and legal notices published in a newspaper of general circulation in the area where the project is proposed.
§ 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) Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit site.
(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 inch to 400 feet 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, wetlands, 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.
The owner of a proposed new large aboveground storage tank facility or proposed aboveground storage tank system with greater than 21,000 gallons capacity or proposed new highly hazardous substance tank shall provide written notice to the local municipality and county in which the proposed aboveground system or facility is to be located prior to submitting a permit application.
§ 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.
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