PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 245]
Administration of the Storage Tank and Spill Prevention Act
[36 Pa.B. 1851] The Environmental Quality Board (Board) proposes to amend Chapter 245 (relating to administration of the storage tank and spill prevention program) to read as set forth in Annex A. The proposed rulemaking represents both comprehensive and minor editorial amendments to the Department of Environmental Protection's (Department) existing regulations in Chapter 245, which includes Subchapters A--H. With the exception of Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties), this proposed rulemaking represents the first major amendments to Chapter 245 since the final-form rulemaking published at 27 Pa.B. 5341 (October 11, 1997), which significantly amended Subchapter A (relating to general provisions), and initially established permitting and technical requirements in Subchapters C and E--G.
This order was adopted by the Board at its meeting of December 20, 2005.
A. Effective Date
The proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Charles M. Swokel, Chief, Division of Storage Tanks, P. O. Box 8763, Rachel Carson State Office Building, Harrisburg, PA 17105-8763, (717) 772-5806; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department's website at www.dep.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under section 106 of the Storage Tank and Spill Prevention Act (Storage Tank Act) (35 P. S. § 6021.106), which authorizes the Board to adopt rules and regulations governing aboveground storage tanks (AST) and underground storage tanks (UST) to accomplish the purposes and carry out the provisions of the Storage Tank Act; sections 107(d) and 108 of the Storage Tank Act (35 P. S. §§ 6021.107(d) and 6021.108), which authorize the Department to establish a certification program by regulation for installers and inspectors of storage tanks; section 301(a) and (d) of the Storage Tank Act (35 P. S. § 6021.301(a) and (d)), which requires the Department to establish a regulatory program for ASTs and a simplified program for small ASTs; sections 301(b) of the Storage Tank Act and 501(b) of the Storage Tank Act (35 P. S. § 6021.501(b)), which authorize the Department to establish classes and categories of tanks by regulation; sections 302(a) and 303(a) of the Storage Tank Act (35 P. S. §§ 6021.302(a) and 6021.303(a)), which authorize the Department to establish registration and fee requirements for ASTs; section 501(a) of the Storage Tank Act, which requires the Department to establish a regulatory program for USTs; sections 502(a) and 503(a) of the Storage Tank Act (35 P. S. §§ 6021.502(a) and 6021.503(a)), which authorize the Department to establish registration and fee requirements for USTs; section 701(a) and (b) of the Storage Tank Act (35 P. S. § 6021.701(a) and (b)), which authorizes the Board to establish regulations necessary for maintaining financial responsibility and methods of coverage; 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 are necessary for the proper work of the Department.
D. Background and Purpose
The Board established the initial rulemaking governing administration of the storage tank and spill prevention program with its final-form publication of Chapter 245, Subchapter A and Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities), which was published at 21 Pa.B. 4345 (September 21, 1991). In that initial rulemaking, Federal requirements in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)) were adopted by reference in Subchapter A. Later, in August 1993, the Board established comprehensive corrective action process regulations when it adopted Subchapter D, which the Board last amended at 31 Pa.B. 6615. With the exception of Subchapter D, these regulations have been in use without any significant changes since amendments to Subchapters A, C, E, F and G became final in 1997 and since the last substantial amendments of Subchapter B published at 26 Pa.B. 4735 (September 28, 1996). Through the operation of these regulations over the past several years, the Department has identified many changes that are necessary to provide clarity, improvements in storage tank operations and administrative processes, and to protect public health, safety and the environment.
The proposed amendments to Subchapter A would add two new definitional terms, change several existing terms and delete one term that is no longer needed. The proposed amendments provide needed clarifications on regulated tank systems and regulated substances. This includes the re-regulation of previously regulated and subsequently exempted large ASTs storing heating oil that is consumed on the premises. These tanks pose the same risk as other large ASTs and were unintentionally exempted when definitional terms from the UST requirements in 40 CFR Part 280 were previously codified in the Commonwealth's current regulations. The Department wants to correct this and re-regulate these large aboveground heating oil tanks. The regulated substance changes include the addition of several nonpetroleum oils, bio-diesel, synthetic fluids, gasoline additives and other hazardous substances that should be properly managed in regulated storage tank systems. The proposed amendments add clarity to existing tank handling and tightness testing provisions in Subchapter A, as well as recordkeeping, reporting requirements and appropriate release detection references. The proposed rulemaking also adds comprehensive storage tank registration provisions and references the statutory registration fees in Subchapter A. The registration procedures are representative of long-standing Department policy on storage tank registration.
The proposed amendments to Subchapter B include changes to tank installer, inspector and company certification provisions. These proposed amendments pertain to qualifications, training, testing, education and renewal of certification. These proposed amendments would place increased emphasis on training and standards of performance and reduce the number of qualifying activities required to obtain certification. Certified entities have expressed significant interest in moving from current qualifications that are based more on activities to more training qualifications, as activities in the field have declined over the years. These proposed amendments are needed to help ensure that adequate numbers of qualified installers and inspectors are certified and available to perform tank handling and inspection activities in this Commonwealth. Certified companies already incur technical and safety training costs for their certified employees and should be able to use that training to meet the proposed certification requirements. Also, the Department provides administrative training and seminars at minimal or no cost.
This proposed rulemaking would change permitting provisions in Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities), by adding clarity, simplifying certain site specific installation permit (SSIP) requirements and addressing when construction design criteria or engineering specifications may be required with permit applications. The proposed amendments would reduce paperwork and administrative processes for many SSIP applicants and combines the operating permit application and tank registration application process. Construction design criteria and engineering specifications are a necessary part of tank construction. The Department currently reviews this information for permits that require specific plans to mitigate certain conditions at the site. The proposed amendments are needed to further clarify this requirement and does not place a new burden or cost on the tank owner or SSIP applicant.
The proposed rulemaking would also amend technical standards for UST systems in Subchapter E (relating to technical standards for underground storage tanks). The most significant changes in Subchapter E involve requirements for totally contained double-wall UST systems when new or replacement UST systems are installed, changes in monitoring for releases, the need for line leak detectors that automatically shut down the system when triggered and increases in UST inspection frequencies. These proposed amendments are more restrictive than Federal requirements in 40 CFR Part 280 that allow single-wall UST systems and additional or alternative monitoring methods for leak detection. The proposed rulemaking also clarifies recordkeeping requirements and addresses additional recordkeeping requirements that are necessary to support operational compliance with both the Commonwealth's regulations and Federal requirements in 40 CFR Part 280, but are not clearly stated in the current regulations. The proposed rulemaking also contains provisions that preclude future UST internal lining, and requires removal of UST systems with failed linings. These proposed amendments are necessary due to continuing problems with releases of regulated substances to the environment, particularly from single-wall USTs, from failed lined USTs and piping systems, and due to failure of many owners or operators to properly perform leak detection or to maintain operational records. The Department is concerned about the continuing releases and the inadequacy of storage tank leak detection and current operations. The proposed rulemaking would also provide a phase-in period of temporary exclusions from certain technical requirements or equipment upgrades needed for existing tanks that become regulated due to the addition of new regulated substances in § 245.1 (relating to definitions). Proposed amendments to UST variance provisions would allow for additional variances and promote the development and implementation of new technologies.
The proposed rulemaking would also amend technical standards for AST systems and facilities in Subchapter F (relating to technical standards for aboveground storage tanks and facilities) and requirements for small AST systems in Subchapter G (relating to simplified program for small aboveground storage tanks). The proposed rulemaking provides a phase-in period of temporary exclusions from certain technical requirements and inspection schedules needed for existing tanks that become regulated due to the definitional changes and addition of new regulated substances in § 245.1. The proposed rulemaking also contains additional information on AST system design requirements, engineering specifications and inspection or testing criteria. This should be helpful in determining when tanks are properly constructed, modified and maintained, and how best to determine suitability for service or to resolve tank system deficiencies noted during construction or inspection. Proposed amendments to AST variance provisions would allow for additional variances and encourage the development and implementation of new technologies.
Lastly, the proposed amendments to Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and facilities) clarifies financial responsibility requirements established in the Storage Tank Act for appropriate methods of meeting the UST indemnification fund deductible coverage and would correct other minor errors in Subchapter H.
The Department worked closely with informal technical workgroups and advisory subcommittees, as well as the Storage Tank Advisory Committee (STAC), during development of this proposed rulemaking. The Department also met with several organizations, associations and groups, such as the Electric Power Generator Association, the National Association of State Aboveground Storage Tank Programs and the Tank Installers of Pennsylvania, a State association. The STAC, which was established by section 105 of the Storage Tank 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. As required by section 105 of the Storage Tank Act, the STAC has been given the opportunity to review and comment on this proposed rulemaking. At meetings on February 5, 2002, June 4, 2002, June 3, 2003, December 9, 2003, and December 7, 2004, the STAC reviewed and discussed this proposed rulemaking. At the December 7, 2004, meeting, the STAC voted on the proposed rulemaking, and the chairperson subsequently prepared a written report on the proposed rulemaking for presentation to the Board. The STAC supported all portions of the proposed rulemaking, except for the proposal to increase registration fees. The fee increases have subsequently been removed from this proposed rulemaking. A listing of STAC members and minutes of STAC meetings are available on the PA Power Port at www.state.pa.us (PA Keyword: DEP Storage Tanks) and may also be obtained from Charles M. Swokel, whose contact information appears in Section B of this preamble.
E. Summary of Regulatory Requirements
Subchapter A. General Provisions
§ 245.1. Definitions.
This section is proposed to be amended by adding two new definitional terms, by amending several existing definitional terms and by deleting a definitional term that is no longer needed.
The term ''nontank handling project activities'' is being added to correlate with proposed standards of performance changes in § 245.132 (relating to standards of performance) and to clarify that certified companies are responsible for all of the work that their employees perform while conducting tank handling or inspection activities on a storage tank project, including the work on the project that does not constitute tank handling and may be performed by noncertified employees.
The term ''pipeline facilities (including gathering lines)'' is being amended to clarify which tanks located along coastal, interstate or intrastate pipelines are exempted and to clarify that storage tanks that may serve dual functions at complex facilities are to be regulated under Chapter 245.
The terms ''aboveground storage tank,'' ''certified company,'' ''hazardous substance storage tank system,'' ''person,'' ''tightness testing activities'' and ''underground storage tank'' are being amended to provide clarity and to correct errors in the existing definitions. For example, the current definition of ''tightness testing activities'' implies that these activities only apply to USTs. The proposed amendment clarifies that the term applies to entire UST systems, which would include both tanks and piping.
The definition of ''consumptive use'' is being amended to reestablish Department regulation of large ASTs greater than 30,000 gallons in capacity and storing heating oil that is consumed on the premises. These large ASTs were inadvertently exempted when Federal UST regulations and definitional terms in 40 CFR Part 280 were codified in Chapter 245 in 1997.
The definition of ''regulated substance'' is also being amended to provide clarity and to bring under regulation several nonpetroleum oils, bio-diesel, synthetic oils, silicone fluids, gasoline additives (such as ethanol and other oxygenates) and nonpetroleum substances in 34 Pa. Code Chapter 323 (relating to hazardous substance list). These are substances that present health, safety or environmental hazards and are not currently found on the hazardous substance list from section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. § 9601(14)) or are not currently regulated as a petroleum substance.
Lastly, the term ''new underground storage tank system'' is to be deleted. This term was adopted in 1997 from the Federal definitions in 40 CFR Part 280 and was applicable to the December 22, 1998, deadline for upgrade or removal of then existing USTs. Since that date has passed and the proposed amendments to Subchapter E refer to new UST systems in a different context, the current regulatory term is not applicable or needed.
§ 245.21. Tank handling and inspection requirements.
The proposed amendment clarifies that certified installers must either perform tank handling activities or provide direct onsite supervision and control of these activities. The proposed amendment adds clarity to this section and correlates with standards of performance requirements in § 245.132.
§ 245.31. Underground storage tank tightness testing requirements.
The proposed amendments to this section correlate with changes in the cross referenced sections of Subchapter E and add clarity to this section. The proposed amendments also prescribe a specific timeframe of 20 days for providing a complete report and test results that correspond with other leak detection reports by third parties, such as completed statistical inventory reconciliation reports (§ 245.444(8)(ii)(A) (relating to methods of release detection for tanks)), and establishes a 10-year period for tank tightness testers to retain records of the tightness testing activities they perform. This record retention period correlates with recordkeeping requirements for tank handling and inspection activities performed by other certified installers and inspectors (§ 245.132(a)(3)).
§ 245.41. Tank registration requirements.
This new section provides tank owners with the necessary information to properly register each regulated storage tank. These proposed requirements have been program policy for several years.
Subsection (a) states that proper tank registration consists of meeting the requirements of this section and paying the appropriate registration fee in accordance with § 245.42 (relating to tank registration fees).
Subsection (b) requires tank owners to register each storage tank, on a form provided by the Department, within 30 days after installation or taking ownership of a storage tank. The registration form is available on the Department's website at www.dep.state.pa.us (DEP Keywords: storage tanks). A regulated substance is not to be placed in a storage tank, nor is a storage tank to be operated, until an operating permit is received.
The information that must be provided by tank owners for complete registration is listed in subsection (c).
Subsection (d) indicates that a registration form also serves as an application for an operating permit. The Department may register a tank and not issue an operating permit for the reasons cited in this subsection. Certain classes of storage tanks require an SSIP prior to beginning construction. These requirements are provided in Subchapter C. The registration form discussed in this section does not serve as an application for an SSIP.
Subsection (e) sets forth registration requirements for combination tanks operating as a single unit and compartmental tanks.
Subsection (f) provides instances when tank owners need to submit an amended registration form to the Department. The registration form needs to be submitted within 30 days of the change in previously submitted information.
Subsection (g) provides that the Department may require supporting documentation to exempt or exclude a tank from regulation.
§ 245.42. Tank registration fees.
This new section provides tank owners with current tank registration fees, billing information and related procedures. Subsections (c)--(g) represent existing program policy being codified into regulation.
Subsections (a) and (b) reference the statutory tank registration fees that were established in sections 302(a) and 502(a) of the Storage Tank Act and became effective on August 5, 1989. No changes or increases are proposed in the fee amounts.
Subsection (c) provides that the Department will issue an invoice to a tank owner upon receipt of a complete registration form.
Under proposed subsection (d), registration expiration dates for storage tanks will be established on a facility basis. Upon initial registration of a storage tank, the Department will prorate the registration fee based upon the percentage of time remaining in the registration year. For example, if a storage tank is registered 2/3 of the way through a registration year, the invoice will reflect payment for 1/3 of the registration fee for that year. If a storage tank is permanently closed or exempted after the appropriate registration fee has been paid for the registration year, the Department will not refund any registration fees.
Subsection (e) states that the Department will issue a certificate of registration to the tank owner upon payment of the required registration fee. The current, valid certificate of registration must be made available for inspection by the Department, a certified individual or product distributor. At retail facilities, the certificate of registration is to be displayed so that the public can see the certificate.
In accordance with subsection (f), the Department will issue an invoice to the tank owner for the annual registration renewal of the tanks at each facility. The invoice will be issued once per year, at least 60 days prior to the expiration date of the current certificate of registration.
Subsection (g) states that registration fees are payable no later than 60 days after the invoice date, and will be delinquent 90 days after the invoice date. Since a certificate of registration (which also serves as the operating permit) will not be issued by the Department until payment of the registration fee is received, the Department highly recommends that payment be made at least 3 weeks prior to the expiration date of the current certificate. This will allow the Department to verify that sufficient funds are available to cover the payment and issue a renewal certificate prior to expiration of the current certificate.
§ 245.43. Failure to pay registration fee.
This new section proposes that Commonwealth policy and guidelines will be implemented to collect delinquent registration fees. Subsections (b) and (c) state that operating permits for storage tanks may be withheld, denied or revoked for failure to pay registration fees.
Subchapter B. Certification Program for Installers and Inspectors of Storage Tanks and Storage Tank Facilities
§ 245.102. Requirement for certification.
The proposed amendments to this section incorporate editorial changes resulting from the proposed deletion of § 245.103(a)--(c) (relating to phase-in from interim certification) and the proposed transfer of § 245.103(d) to this section as subsection (e).
The proposed amendments to subsections (a)(4) and (b)(4) allow the Department to not issue certification if the applicant is in violation of the Storage Tank Act or Chapter 245. Currently, this section requires the revocation of the applicant's certification by the Department under § 245.109 (relating to revocation of certification). Revocation is not appropriate for new applicants or applicants currently certified and under investigation for violations. The Department may withhold action on a certification application until an investigation is complete or violations are resolved.
§ 245.103. Phase-in from interim certification.
This section is proposed to be reserved. Subsections (a)--(c) are proposed for deletion, since these subsections are no longer relevant to the certification process. Subsection (d) is proposed to be added to § 245.102 (relating to requirement for certification) as subsection (e) and modified slightly.
§ 245.104. Application for installer or inspector certification.
The proposed amendments to this section include clarification that the applicant shall use the current application form, editorial changes resulting from the proposed deletion of § 245.103 and decreasing from 120 to 60 the number of days an application shall be submitted prior to the date of the certification examination.
§ 245.105. Certification examinations.
The proposed amendment to subsection (c) clarifies the examination eligibility interval and is consistent with current information provided to the applicant.
The proposed amendment to subsection (d) reduces the passing score for the technical examination modules to 80%. This creates similar passing scores for both the administrative and technical examination modules and correlates related industry training/testing requirements.
The proposed amendments to subsection (e) eliminate the requirement that an applicant who fails an examination module twice shall complete a training program and establish an eligibility interval or timeframe for retaking the examination.
§ 245.106. Conflict of interest.
The proposed amendment to this section clarifies that tank owners may not inspect their own tanks.
§ 245.108. Suspension of certification.
The proposed amendments to this section include editorial changes and provisions that violations of the Air Pollution Control Act (35 P. S. §§ 4001--4015) or failure to perform underground tightness testing activities in accordance with requirements can result in suspension of certification.
§ 245.109. Revocation of certification.
The proposed amendments to this section are editorial changes resulting in the consistent use of terms.
§ 245.110. Certification of installers.
The proposed amendments to this section combine the individual certification categories for underground storage tank removal (subsection (b)(2)) and aboveground manufactured storage tank removal (subsection (b)(6)) into a new manufactured storage tank removal category. The Department believes that the tank removal activities are similar, thereby allowing the certified individual to remove both underground and manufactured AST systems.
Proposed amendments to subsection (b)(7) allow individuals certified in the aboveground field constructed metallic storage tank installation, modification and removal category to modify tank components of aboveground manufactured storage tank systems. Individuals certified on field constructed ASTs have the qualifications and experience to modify manufactured ASTs.
Proposed amendments to subsection (b)(8) allow an individual certified in the aboveground field constructed storage tank removal category to remove manufactured ASTs.
Proposed amendments to subsection (b)(11) clarify that an individual certified in the storage tank liner (TL) category can install and modify internal linings for underground and ASTs and evaluate UST linings.
§ 245.111. Certified installer experience and qualifications.
The proposed amendments to this section place a greater emphasis on technical and safety training as a requirement for initial category certification. The total number of required activities is proposed to be reduced based on the decrease in the overall number of tank handling activities occurring in the industry. The proposed numbers are sufficient to verify that the applicant is experienced and competent in the category. Proposed amendments to subsection (b) reduce the period in which activities are completed from 7 years to 3 years immediately prior to the application submission.
§ 245.112. Certification of inspectors.
Proposed amendments to subsection (b)(3) allow an inspector certified in the aboveground field constructed category to also inspect manufactured AST systems.
§ 245.113. Certified inspector experience and qualifications.
The proposed amendments to this section change the requirements for initial inspector certification categories. Applicants will need to document safety training appropriate for the certification category. AST system inspectors will be required to have appropriate industry inspection certification such as American Petroleum Institute (API) or Steel Tank Institute (STI) inspection certification. UST system inspectors will be required to have UST installation and modification certification and corrosion protection training. Proposed subsection (h) clarifies that underground inspectors shall complete Department inspector training prior to conducting facility operation inspections.
§ 245.114. Renewal and amendment of certification.
The proposed amendments to this section create a uniform expiration date for all categories held by an installer/inspector and phase out certification category renewal based on the number of activities completed. Certification renewal will be based on appropriate technical and safety training or passing the category specific examination or industry certification, or both. The Department will maintain the certification examination and provide administrative and inspector training.
Proposed amendments to subsection (g) clarify the time period in which certification renewal application shall be submitted. Renewal applications received more than 60 days after the expiration date of the category must meet the initial application requirements in § 245.105 (relating to certification examinations) and § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).
§ 245.121. Certification of companies.
The proposed amendments to this section clarify that a company that employs certified installers/inspectors, including underground tightness testers, shall be certified by the Department.
§ 245.122. Applications for company certification.
The proposed amendments to this section prevent the Department from issuing company certification to a company that is to be found in violation of the Storage Tank Act or Chapter 245, or that has an officer who was involved in an individual or company certification revocation.
§ 245.123. Suspension of company certification.
The proposed amendments to this section broaden the reasons for suspension of company certification and provide consistency between the reasons for individual suspension in § 245.108 (relating to suspension of certification) and company certification suspension.
§ 245.124. Revocation of company certification.
The proposed amendments to this section broaden the reasons for revocation of company certification and provide consistency between the reasons for individual revocation in § 245.109 and company certification revocation.
§ 245.125. Renewal and amendment of company certification.
The proposed amendments to this section reduce the number of days, from 120 days to 60 days prior to the company certification expiration date, that a renewal application shall be submitted. The proposed amendment to subsection (b) provides that a company certification amendment form shall be submitted within 14 days of the change in information.
§ 245.132. Standards of performance.
The proposed amendments to subsection (a)(1) remove the list of referenced organizations and instead refer directly to lists located in Subchapters E, F and G.
The other proposed amendments to this section provide editorial changes and codify the current expectations and requests made by the Department in reference letters, reporting form instructions and guidance documents.
§ 245.141. Training approval.
The proposed amendments to this section reduce the number of days, from 120 days to 60 days prior to the expiration date, that a renewal application shall be submitted. The proposed amendments also allows the Department to approve industry-recognized training without the submission of an application.
Subchapter C. Permitting of Underground and Above- ground Storage Tank Systems and Facilities
§ 245.203. General requirements for permits.
The proposed amendments this section add appropriate references to the new registration requirements in Subchapter A and add provisions allowing the Department to preclude submission of general operating permit application and to deem approval of operating permits for existing tanks that meet permitting requirements.
§ 245.222. Application requirements.
The proposed amendments to this section add to the existing references the appropriate references to administrative and technical requirements in Subchapters A and G. The referenced sections have always been applicable to storage tank owners and operators, but were inadvertently left out of the general operating permit provisions in the previous rulemaking.
§ 245.231. Scope.
The proposed amendments add clarity to this section and simplify the SSIP application process and specific requirements for installation of storage tanks at existing facilities, for replacement storage tanks or tanks located on the footprint of previous tanks and for small ASTs that constitute a new storage tank facility with greater than 21,000-gallon aggregate storage capacity. The proposed amendments also provide for excluding certain newly regulated large aboveground heating oil tanks from the SSIP process when the owner or operator has entered into contractual agreements for construction of tanks or facilities prior to the effective date of this proposed rulemaking.
§ 245.232. General requirements.
Proposed subsection (c) refers permit applicants to the appropriate permit fee sections in the Storage Tank Act that have been applicable to SSIP applications since Subchapter C was adopted in 1997.
§ 245.234. Siting requirements.
This rulemaking proposes to add subsections that provide for submission of appropriate construction design criteria and engineering specifications when it is necessary to mitigate certain conditions at the site. The Department will not issue an SSIP if it determines that the plans are not adequate or do not mitigate the site conditions, such as potential excessive settlement or unstable support for the tank system proposed in the permit application.
§ 245.235. Environmental assessment.
The proposed amendments to this section add clarity as to the Department's role in consulting with appropriate government agencies and potentially affected persons concerning potential environmental harm addressed in the environmental assessment associated with an SSIP application.
Subchapter D. Corrective Action Process for Owners and Operators of Storage Tanks and Storage Tank Facilities and Other Responsible Parties
§ 245.311. Remedial action plan.
The proposed amendment to this section is to correct a minor editorial error in the reference to remedial action plans that may differ from prior plans submitted with the site characterization report under § 245.310(a)(25) (relating to site characterization report).
Subchapter E. Technical Standards for Underground Storage Tanks
Throughout this subchapter, references are updated that the proposed rulemaking has changed, as appropriate. Certain terms are proposed to be amended in this subchapter for consistency with the definitions in Subchapter A. It is also proposed to correct minor typographical errors.
§ 245.403. Applicability.
The proposed amendment to this section allows owners of existing UST systems that become regulated because of definition changes 60 days to register their tank systems and 3 years to complete any applicable upgrades to meet the technical requirements in Subchapter E.
§ 245.404. Variances.
Proposed amendments to this section allow variances in situations when application of technical regulations may be impractical. The Department is also proposing to clarify the status of new technologies. New technologies properly documented by a professional engineer (PE) may be considered by the Department when making the decision to grant a variance under this section.
§ 245.405. Codes and standards.
Proposed amendments to this section name sources of codes and practices that may be used for meeting the requirements in Subchapter E, to add requirements that parallel Subchapter A and to clarify that these regulations take precedence over industry standards when there is a conflict.
§ 245.411. Inspection frequency.
Proposed amendments to this section change the routine facility inspection frequency from 5 years or 10 years to 3 years for all UST systems. This proposed amendment is consistent with proposed Federal legislation. It has been generally found that more frequent inspections lead to higher compliance rates and fewer releases to the environment. In addition, the United States General Accounting Office (GAO) report to Congress in May 2001, entitled ''Environmental Protection-Improved Inspections and Enforcement Would Better Ensure the Safety of Underground Storage Tanks,'' addressed the effectiveness of the Federal UST program, state agencies' implementation and inspection frequencies. The GAO reported that ideally USTs and facility operations should be physically inspected on an annual basis to ensure that problems are being identified and resolved quickly. Where a state or region lacks resources, tanks should be inspected no less frequently than once every 3 years to confirm tanks are being properly operated and maintained. Federal requirements in 40 CFR 280.21 and 280.31 (relating to upgrading of existing UST systems; and operation and maintenance of corrosion protection) only establish inspection requirements or frequencies for internally lined UST systems and for corrosion protection systems. However, in its formal agreements with the Commonwealth, the United States Environmental Protection Agency (EPA) has requested that additional UST facility operations inspections be conducted by the Department certified third-party inspectors. Also, section 501(c) of the Storage Tank Act directs the Department to establish a certified inspector program and inspection frequencies for USTs.
It has been proposed to exclude the first 6 months of ownership from the time period during which a new owner may have the UST facility inspected. A large portion of the facility inspection is the examination of the operation of critical systems, such as release detection equipment. It is desirable that a minimum of 6 months of operating history be accumulated to adequately assess this part of the owner's responsibilities. To simplify the language of this paragraph, it is proposed that the date that this provision becomes effective be replaced by the term, ''newly installed.''
The proposed rulemaking strengthens the requirements for additional inspections and adds requirements for mandatory operator training under appropriate circumstances. A proposed wording change should eliminate the occasional misinterpretation that the Department cannot compel additional inspections. Owners and operators that have noncompliant inspection results often express the need for training to better understand their responsibilities. Mandatory training is proposed as one remedy to help owners and operators come into and maintain their compliance with Chapter 245.
§ 245.421. Performance standards for new underground storage tank systems.
Proposed amendments to this section mandate total secondary containment (double-wall) systems and an upgraded form of line leak detection for new UST systems. Federal requirements in 40 CFR 280.20 (relating to performance standards for new UST systems) allow for single-wall UST systems. However, Department records indicate that 60% of UST systems and approximately 80% of piping systems installed since 1998 already meet the double-wall requirement. The additional containment will aid in early release detection and keeping releases from reaching the environment.
To aid the Department in overseeing installers, the proposed rulemaking adds a requirement to notify the Department 30 days prior to beginning installation activities. The Department may agree to another, reasonable time frame. This is similar to the current 30-day notice requirement for UST system closure or removals in § 245.452(a) (relating to permanent closure and changes-in-service).
Changing a tank system from unregulated to regulated service is considered an installation. A certified installer may not have installed this system. The Board proposes to amend this section to clarify what is required of the owner when the owner plans to change an unregulated system to regulated use.
Many of the technical requirements for new and previously installed UST systems are the same. The proposed rulemaking incorporates the redundant portions of § 245.422 (relating to upgrading of existing underground storage tank systems) into this section.
The Board proposes to amend this section to clarify corrosion protection requirements for tanks, piping and other metallic components (not just steel), including ancillary equipment when it routinely contains product. Proposed amendments also clarify that wrapping with tape or similar material alone does not constitute corrosion protection. Proposed amendments clarify that a corrosion expert shall design impressed current systems.
To help ensure older systems do not become a source of new releases, it is proposed that whenever more than 30% of a piping system is replaced, the entire piping portion of the system be upgraded to total secondary containment. The proposed rulemaking clarifies the extent of the piping system as including joints and flexible connectors.
To ensure UST systems are adequately designed and safe for intended use, the proposal requires piping and related components to be approved by Underwriters Laboratory (UL listed).
A common problem is for containment sumps to collect stormwater or groundwater and not be able to perform their required function. The proposed rulemaking requires containment sumps to be liquid tight. The proposed rulemaking should not be interpreted to mean vapor tight or requiring a totally sealed lid. Rather, the sump needs to be capable of holding and retaining liquids if a release of regulated substance occurs. The sump must prevent groundwater from entering or substantial surface water from routinely accumulating in the sump. The proposed rulemaking also requires testing of containment systems at installation to demonstrate tightness. These proposed amendments help ensure that product that was caught by a containment sump would be identified through leak detection and would not enter the environment. The proposed rulemaking is consistent with manufacturer's recommendations for installation and maintenance of containment sumps.
Current regulations require devices to prevent overfilling of UST systems. Inspections have found inoperative devices and devices that do not work as intended. The Board proposes to amend this section to restrict the use of certain overfill devices to systems that can function properly. In addition, the proposed rulemaking requires testing of the required overfill device at installation.
§ 245.422. Upgrading of existing underground storage tank systems.
Upgrading UST systems has not been as successful as originally intended. The Board proposes that lining and lining combined with corrosion protection no longer be allowed to meet corrosion protection standards. The proposed rulemaking allows systems that currently use these methodologies to continue to use them as long as they are operated and maintained properly. Federal requirements in 40 CFR 280.21 allowed this method of corrosion protection to meet the 1998 upgrade deadline. The upgrade deadline has since passed, and existing UST systems should already meet corrosion protection requirements.
Tanks that were upgraded by lining alone are required to be periodically inspected. The Board proposes to codify policy in Department guidance #257-3120-001 (relating to evaluation of underground storage tank liners) into this section. This policy states that evaluations are to be done by a certified TL or qualified PE; results of the evaluation are to be submitted to the Department on the form attached to the guidance document; after a lined system fails to meet required design criteria, the tank system can no longer be used for regulated storage.
To help detect releases on older tank systems, the Board proposes that tanks over 3,000 gallons capacity must upgrade to automatic tank gauging when release detection equipment is modified or replaced and the owner is not using interstitial monitoring. The proposed rulemaking also requires that line leak detection equipment must shut off the product delivery pump. Existing systems with interstitial monitors or electronic line leak detectors will be given 2 years to meet this requirement; systems over 3,000 gallons capacity that use a mechanical line leak detector will be given 5 years to meet this requirement. Federal requirements in 40 CFR 280.44 (relating to methods of release detection for piping) also allow for line leak detectors that may only alert the operator by restricting (or slowing) the flow of regulated substances or by triggering an alarm. In many instances, these options have been ineffective and have not prevented ongoing substance releases as intended.
§ 245.423. Registration requirements.
The proposed amendments move the majority of this section to Subchapter A to clarify the requirement to register all regulated storage tank systems. See proposed § 245.41 for additional information.
§ 245.425. Reuse of removed tanks.
Proposed amendments to this section reflect changes in other portions of this subchapter and improve clarity and readability.
§ 245.432. Operation and maintenance including corrosion protection.
The proposed rulemaking renumbers paragraphs as subsections to more clearly differentiate among the listed maintenance activities.
The proposed amendments also clarify maintenance and operational requirements for owners. Clarification is proposed concerning what needs to be inspected on impressed current systems and what equipment is required to be properly maintained.
Proposed additions to subsections detail maintenance of tank linings and system containment structures. Also proposed is an addition concerning the proper maintenance of water-free petroleum products to prevent corrosion problems with the tank system and to protect the product user. The proposed amendment is consistent with Nationally recognized association and equipment manufacturer's standards.
§ 245.434. Repairs allowed.
Proposed amendments to this section include containment systems in the portion of the tank system that must be tested after a repair and to expand the recordkeeping requirements to all repairs.
§ 245.435. Reporting and recordkeeping.
The proposed rulemaking renumbers and rearranges subsections to clearly differentiate between records that shall be maintained for the operational life of a storage tank system (permanent records) and those that are required to be maintained for a limited time (temporary records). The proposed rulemaking includes extending the maintenance of permanent records to 1 year beyond permanent system closure.
The proposed rulemaking includes adding the current registration certificate as a temporary record. Further, it proposes to clarify corrosion protection operation recordkeeping requirements by splitting the entry into two detailed paragraphs. The proposed rulemaking also adds paragraphs for temporary records that were found in other parts of this subchapter, but not in this section. Specifically, these temporary records are release detection certifications, performance claims and maintenance records. It is also proposed that records of suspected release investigations be added to the temporary record category, to be maintained for 12 months.
§ 245.441. General requirements for underground storage tank systems.
§ 245.442. Requirements for petroleum underground storage tank systems.
These sections contain provisions for the phase-in of release detection requirements for older UST systems. The deadlines for upgrading have all passed. It is proposed that these sections be updated to remove the phase-in information and eliminate inventory control by 2008 and manual tank gauging for tanks greater than 1,000 gallons capacity within 10 years of the effective date of the final-form rulemaking.
In addition, a requirement is proposed to monitor interstitial spaces for releases at least once every 30 days, when practical for older systems and for all new systems, and maintain records of monitoring results for 12 months.
§ 245.444. Methods of release detection for tanks.
Proposed amendments to this section clarify the meaning of ''portions of the tank that routinely contain product'' for tightness tests performed by an automatic tank gauge, as that portion of the tank up to the overfill set point.
The proposed amendments also require the replacement or certification of automatic tank gauges that do not currently have a valid third-party certification.
To meet the requirements of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2), the proposed rulemaking adds requirements for professional geologists to perform site evaluations related to release detection methods. It is further proposed that when site evaluations are required for release detection, that the evaluation be maintained for the entire time that method is in use at the site.
§ 245.445. Methods of release detection for piping.
This section is proposed to be amended to be consistent with the upgrade requirements in § 245.422. For new and upgraded systems, the line leak detection device must shut off the flow of regulated substance when a release is detected. Federal requirements in 40 CFR 280.44 also allow for line leak detectors that may only alert the operator by restricting (or slowing) the flow of regulated substances or by triggering an alarm. In many instances, these options have been ineffective and have not prevented ongoing regulated substance releases as intended.
§ 245.451. Temporary closure.
The proposed amendments to this section include the more familiar industry term ''temporary out-of-service'' and narrow the definition of ''temporary closure'' to tanks that are empty.
Further, the proposed amendments clarify the inspection, reporting and recordkeeping requirements when a UST system is in temporary closure: corrosion protection records must be maintained as for an in-use system; suspected release investigation and release reporting must be performed as for an in-use system; facilities must continue to be inspected as for an in-use facility; and the most recent 12 months of operating release detection records must be maintained.
Finally, the proposed rulemaking limits the period of temporary closure for fully compliant UST systems to 3 years, after which the system must be permanently closed (unless the Department grants an extension).
Subchapter F. Technical Standards for Aboveground Storage Tanks and Facilities
§ 245.503. Variances.
The proposed amendments to this section are intended to allow variances in situations when application of the technical regulations may be impractical. The Department is also proposing to clarify the status of new technologies. New technologies properly documented by a PE may be considered by the Department when making the decision to grant a variance under this section.
§ 245.504. Referenced organizations.
The proposed amendments to this section reflect editorial changes to referenced organization names (titles) in subsection (a), which changed since this subchapter was originally adopted in 1997, and adds manufacturer's specifications to the Nationally recognized codes and standards referenced in subsection (c).
§ 245.505. Applicability.
This new section is intended to provide temporary exclusions for existing tanks that become regulated due to the addition of newly regulated substances or certain reregulated heating oil tanks due to changes in the ''consumptive use'' and ''regulated substance'' terms in § 245.1. The temporary exclusions will provide phase-in periods to comply with monitoring requirements and inspection schedules that are similar to the phase-in periods provided for other existing tanks when this subchapter was originally adopted in 1997.
§ 245.514. Security.
The proposed rulemaking adds monitoring as an element of security that the tank owner or operator may include in appropriate security measures.
§ 245.522. New aboveground tank installations and reconstructions.
The proposed rulemaking adds references to STI practices or applicable engineering specifications and sound engineering practices during design, construction or reconstruction of tanks. Additional language provides that the Department may require the tank owner to submit documentation of construction design criteria and engineering specifications for review.
§ 245.523. Aboveground storage tanks in underground vaults.
The proposed amendments to this section require that underground piping distribution systems (such as piping from the tank to the product dispenser) for certain aboveground tanks in underground vaults be provided with release detection equivalent to methods of release detection provided for piping associated with UST systems in Subchapter E.
§ 245.524. Aboveground tank modifications.
The proposed rulemaking adds two additional references to Nationally recognized associations for tank modification design and the authority for the Department to require the tank owner to submit documentation of design criteria and engineering specifications for review.
§ 245.534. Interior linings and coatings.
The proposed rulemaking adds subsection (c) to address inspection requirements for tank interior linings or coatings, which correlate with the lining manufacturer or design engineer recommendations.
§ 245.541. Overfill prevention requirements.
The proposed rulemaking contains minor edits and provisions for upgrading existing tanks with high-level alarms within 3 years of the effective date of the final-form rulemaking. This change is necessary because the current rules only require upgrades when tanks are taken out of service for inspection or major modification and many tanks that need high-level alarms do not require these out-of-service activities.
§ 245.542. Containment requirements for aboveground storage tank systems.
The proposed rulemaking contains minor edits, clarifications and a deadline for upgrading or meeting requirements for emergency containment structures. Reference to the Department's technical document for verification of emergency containment structures, and information on how long verification of the containment structure is valid, are also added.
§ 245.543. Leak detection requirements.
The proposed rulemaking contains clarifications and adds subsection (d) to address requirements for third-party tank test for tightness methods and procedures consistent with industry practices and applicable National associations.
§ 245.552. In-service inspections.
§ 245.553. Out-of-service inspections.
The proposed rulemaking adds the requirement that appropriate engineering criteria and the current referenced National association standards shall be followed when conducting inspections and includes evaluation of tank system integrity and suitability for service during inspections. Additional language is proposed for determining tank service life and projecting the next inspection interval. This information specifically identifies the factors that most frequently affect service life and should, therefore, be considered when projecting the next inspection interval. Also, language is proposed to appropriately remedy inspection recommendations or findings, as well as clarification on documenting and reporting tank system modifications necessary to correct deficiencies. Additionally, § 245.553(c) (relating to out-of-service inspections) is proposed to address evaluation of the tank bottom during out-of-service inspections.
§ 245.554. Installation and modification inspections.
The proposed amendments to this section contain similar language as proposed to be added in § 245.552(e) (relating to in-service inspections) and § 245.553(f), with the same intention of clarifying actions that shall be taken in response to inspection findings involving modification inspections.
§ 245.561. Permanent closure or change-in-service.
Proposed paragraph (3) is intended to assist owners in the closure notification process by directing them to follow the process outlined in the Department's technical document entitled ''Closure Requirements for Aboveground Storage Tank Systems.'' This is similar to the current reference in Subchapter E to UST closure requirements. Proposed language in paragraphs (6) and (8) is intended to provide clarification to existing wording and require notification to other agencies or jurisdictions when removing tanks when they have permit jurisdiction.
Subchapter G. Simplified Program for Small Above- ground Storage Tanks
§ 245.604. Referenced organizations.
§ 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
§ 245.614. Requirements for closure.
The proposed amendments to these sections reflect minor editorial changes or referenced title changes since this subchapter was originally adopted in 1997 and specific requirements for closure of piping systems.
§ 245.605. Applicability.
This proposed section is intended to provide temporary exclusions for existing tanks that become regulated due to the addition of new regulated substances in § 245.1. The temporary exclusions will provide phase-in periods to comply with containment requirements, leak detection and inspection schedules that are similar to the phase-in periods provided for other existing tanks when this subchapter was originally adopted in 1997.
§ 245.612. Performance and design standards.
The proposed amendments to this section are in response to frequent misunderstandings of the current regulations by the regulated community. The proposed rulemaking addresses the requirement to use certified installers to accomplish tank handling activities on small ASTs and provides direction consistent with industry standards and EPA guidelines on the use of double-walled tanks to satisfy containment requirements.
§ 245.616. Inspection requirements.
The proposed amendments to this section provide additional clarity on inspection standards, determining future inspection intervals, remedies to correct deficiencies noted during inspection and reporting to the Department on corrections of deficiencies found during inspection.
Subchapter H. Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks and Storage Tank Facilities
§ 245.704. General requirements.
§ 245.707. Coverage amounts for financial responsibility.
The proposed amendments to these sections make editorial corrections and clarify appropriate methods for meeting the Underground Storage Tank Indemnification Fund (USTIF) deductible coverage for owners and operators of USTs.
F. Benefits, Costs and Compliance
Benefits
Subchapter A
The proposed amendments to definitional terms will provide clearer interpretations of current and amended regulations and will help to ensure that several hazardous and nonpetroleum substances not previously addressed, are regulated and treated like other similar (currently regulated) substances to protect public health, safety and the environment. These amendments include newly developed fuels or alternatives such as bio-diesel, synthetic fuels and potential additives such as ethanol, which may be used to replace oxygenates, such as methyl-tertiary-butyl-ether (MTBE), and could pose some risks similar to MTBE. The reregulation of many large ASTs holding heating oil will help to ensure that these tanks are operated, inspected and eventually upgraded to meet the same protective standards that other currently regulated oil tanks must meet.
The new registration provisions will provide tank owners and the Department a much needed and comprehensive publication of tank registration requirements. These requirements are currently only available through several publications such as fact sheets, program guidance and registration form instructions, and are fractionalized in several sections of the current technical and permitting rules and interim requirements in the Storage Tank Act.
Subchapter B
The proposed amendments to the installer and inspector certification provisions will provide much more flexibility for new certification candidates and renewal applicants. The increased reliance on continued training will help to ensure that certified individuals stay current with changes in industry practices, and take advantage of available recognized industry training. Proposed amendments to the company certification provisions will help to ensure that companies are held to the same standards the certified individuals are held to and provides incentive for certified companies to continue investing in training for their certified employees. The proposed amendments to standards of performance provisions will help to ensure the quality, proper verification and reporting of work by installers and inspectors.
Subchapter C
The proposed amendments to permitting provisions will help simplify the SSIP process for many applicants, while ensuring that appropriate design criteria and engineering considerations are used to mitigate specific conditions that pose potential problems at some tank sites. The proposed amendments will also clarify that the tank registration process and single application also serve as the operating permit application.
Subchapter E
The proposed amendments to UST technical requirements will help to reduce the number and significance of releases from UST systems. The proposed amendments will help to ensure that best practices and state-of-the-art storage tank systems and ancillary equipment are used, while encouraging new technologies and providing more flexibility through variance provisions. The temporary exclusions for newly regulated tanks will provide owners additional time to plan for and to meet all of the UST technical requirements. The use of totally contained (double-wall) tank systems for new or replacement systems and phase-in of specific release detection methods will significantly aid in preventing future releases and will help to identify and capture leaks before they enter the environment. Fewer and less serious releases should help lower USTIF fees in years to come. More frequent inspections will help to ensure that operational and compliance problems are identified and resolved more quickly, which should also reduce the frequency and severity of releases. Recordkeeping changes will help tank owners to substantiate compliance with current and proposed Commonwealth requirements, and current Federal UST requirements which are not as clear as they should be.
Subchapters F and G
The proposed amendments to the AST technical requirements will add clarity, needed references and increase the reliance on appropriate industry practices and publications to achieve the standards in the regulations. The additional information on AST system design requirements, engineering specifications and inspection or testing criteria should be helpful in determining when tanks are properly constructed, modified and maintained, and how best to determine suitability for service or to resolve tank system deficiencies noted during construction or inspection. The references to program guidance documents will lead persons to proven technical processes and procedures that will help them to comply with the regulatory requirements, similar to the current guidance reference in Subchapter E.
Compliance Cost
Subchapter E
The cost of the average UST facility third-party operations inspection is approximately $350 per inspection. UST owners or operators will incur this cost every 3 years under the proposed rulemaking, rather than every 5 years or 10 years under the current inspection frequencies. The cost of installation of total secondary containment (double-wall) UST systems is approximately 15% to 30% greater than the cost of installation of single-wall UST systems. Costs will vary depending on the types of tank systems and materials used (fiberglass, steel or composite tank wall and hard or flexible piping). These costs are only incurred when new or replacement systems are installed. Approximately 150 UST systems were installed annually during the past 4 years. Department records indicate that 60% of the UST systems and approximately 80% of piping systems installed since 1998 already meet the double-wall requirement. Costs for testing containment sumps for tightness could range from $50 to $100. The cost of upgrading a line leak detector that only slows product flow or sounds an alarm, to a line leak detector with an automatic pump shut-off device ranges from $100 to $500 depending on availability of electric service and circuitry in the current system. This cost is only incurred on existing piping systems already using an interstitial monitor or an electronic line leak detector within 2 years, and UST systems with a capacity greater than 3,000 gallons within 5 years of the effective date of the proposed rulemaking or when a line leak detector is replaced.
Generally, certified companies and tank owners should not incur significant new costs for certified individual training requirements, technical requirements to perform tests on ancillary equipment or to follow industry standards or applicable engineering practices when operating, modifying, installing or inspecting storage tank systems. These are costs that should already be incurred and industry practices that should be currently adhered to. These requirements are reinforced in several areas throughout the proposed rulemaking, but they are not new to the industry. Finally, the Department does not anticipate that it will need any new staff resources or incur significant expenditures as a result of the proposed rulemaking.
Compliance Assistance Plan
At this time, it is not anticipated that the Commonwealth will provide sources of financial assistance to aid in compliance with this proposed rulemaking.
As for technical and educational assistance, the Department currently operates a fairly extensive program of outreach activities designed to assist owners and operators of storage tanks as well as individuals. This program includes the Storage Tank Monitor (a periodic newsletter); a series of fact sheets that focus on single issues in the storage tank program (for example, Leak Detection: Meeting the Requirements); periodic seminars and conferences focusing on storage tank technical and administrative issues; training sessions presented by regional and central office training teams on a variety of issues; many guidance documents addressing technical and policy issues; and a great deal of information available on the Department's website. The Department will revise and update applicable fact sheets, guidance documents, forms and publications to reflect changes necessary when the proposed rulemaking is adopted.
The Department expects these efforts to continue and to intensify after adoption of this rulemaking and as phase-in deadlines approach. The Department will also communicate directly with individuals, companies, associations, organizations and groups to assist in the understanding and implementation of the final-form rulemaking.
Paperwork Requirements
Generally, there are very few new paperwork requirements established by the proposed rulemaking. The paperwork requirements addressed with the new registration provisions in Subchapter A follow current processes established by policy and ongoing routine procedures under the Storage Tank Act. By further clarifying in Subchapter C that the new storage tank registration provisions and application form will also serve as the tank operating permit application form, the proposed rulemaking precludes two separate applications. Additionally, the proposed SSIP process in Subchapter C for replacement tanks, tanks located on the footprint of previous tanks and new small ASTs at facilities with an aggregate capacity greater than 21,000 gallons, includes a shortened application and less paperwork.
The certification proposals in Subchapter B will slightly reduce the application requirements for UST removers and aboveground manufactured storage tank removers, by consolidating the requirements into a single certification category. The proposed rulemaking also attempt to recognize current and ongoing industry training in certification qualifications for all installer and inspector certification categories. Most certified companies already maintain records on their employees training and will welcome recognition of the training for certification. The proposed rulemaking will also shorten the timeframe for submission of applications for approval of training providers and will allow the Department to recognize industry training without the submission of an application. For example, the Department will readily recognize training provided by equipment manufacturers and National associations or organizations such as the API, the STI and the Petroleum Equipment Institute.
The UST provisions in Subchapter E contain some new recordkeeping requirements and further clarification of current requirements. However, most of the proposed amendments are necessary to demonstrate operational compliance with current regulations and the Federal requirements in 40 CFR Part 280 and represent National association and manufacturer's recommendations for installation or operation of UST systems and ancillary equipment.
Finally, there are proposed provisions in Subchapters C, F and G that indicate the Department may request or require the tank owner to submit documentation of construction design criteria and engineering specifications for review. The provisions are addressed in the context of mitigating certain conditions at the storage tank site or correcting inspection findings or deficiencies on AST systems. Tank owners should already be consulting with tank manufacturers, certified companies and design engineers on these issues. The Department anticipates its use of these provisions will be very limited.
G. Pollution Prevention
Generally speaking, the term ''pollution prevention'' refers to the minimization of waste generated in a commercial process by altering that process. The storage tank program has a slightly different approach. The goal is to keep regulated substances from being released at all. The programs in this proposed rulemaking and in the current regulations are designed to halt the release and spread of regulated substances from storage tanks in this Commonwealth. They create a program similar to the cradle-to-grave process with the goal of making sure that the storage tank is installed, maintained, operated, closed and removed in a manner that will minimize the likelihood of a release occurring. If a release does occur, these amendments and the current regulations are designed to detect the release quickly, contain it if possible, and make sure that corrective action is carried out expeditiously, minimizing exposure to the public and the environment.
In this proposed rulemaking, the Department is attempting to reach or improve upon these goals through a combination of performance standards, with built-in flexibility (including the possibility of a variance) as to how the regulated community achieves the goals, and reliance on industry standards, and trained industry professionals. By taking this approach, the Department hopes to reduce pollution, lower the number of corrective actions that must eventually be performed, decrease the amounts of contaminated soil and groundwater that must be dealt with, and do so in a manner that is flexible, reasonable and cost effective.
H. Sunset Review
The regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 7, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by June 29, 2006. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by June 29, 2006. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form rulemaking will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by ______ (within 60 days following publication in the Pennsylvania Bulletin). A subject heading of the proposed rulemaking and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-395. No fiscal impact; (8) recommends adoption.
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