[36 Pa.B. 1851]
[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 the underground pipes and dispensing systems connected thereto within the emergency containment area, which is used, will be used 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:
* * * * * Air Pollution Control Act--The Air Pollution Control Act (35 P. S. §§ 4101--4106)
* * * * * Certification categories--Individual certification categories issued to certified installers or certified inspectors to perform tank handling, tightness testing or inspection activities on aboveground or underground storage tank systems and facilities. The term includes category specific certifications in one or more of the following:
(i) Storage tank inspector certification categories:
(A) IAF--Inspection of aboveground field constructed and aboveground manufactured storage tank systems and facilities.
(B) IAM--Inspection of aboveground manufactured storage tank systems and facilities.
(C) IUM--Inspection of underground storage tank systems and facilities.
(ii) Storage tank installer certification categories:
(A) ACVI--Aboveground storage tank civil installation and modification.
(B) AFMX--Aboveground field constructed metallic storage tank installation, modification and removal, and aboveground manufactured metallic storage tank modification.
(C) AFR--Aboveground field constructed storage tank removal.
(D) AMEX--Aboveground storage tank mechanical installation, modificaton and removal.
(E) AMMX--Aboveground manufactured metallic storage tank installation and modification.
(F) AMNX--Aboveground nonmetallic storage tank installation and modification.
(G) MTR--Manurfactured storage tank removal.
(H) TL--Storage tank liner installation and modification.
(I) UMX--Underground storage tank system installation and modification.
(J) UTT--Underground storage tank tightness tester.
Certified company--An entity, including, but not limited to, a sole proprietorship, a partnership or a corporation, which is [authorized by this title] certified by the Department and employs certified installers or certified inspectors to conduct tank handling activities, tightness testing activities or inspection activities [using certified installers or certified inspectors, or both].
* * * * * Consumptive use--The term means, with respect to heating oil, that which is stored in an aboveground storage tank of 30,000 gallons or less capacity or that which is stored in an underground storage tank and is consumed on the premises.
* * * * * Hazardous substance storage tank system--
(i) A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. § [101] 9601(14)).
(ii) 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.
* * * * * [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.'')]
* * * * * Nontank handling project activities--Activities performed by a certified company or employee of a certified company on a project that may not be tank handling activities, but are part of the certified company's responsibility while completing tank handling or inspection activities on a storage tank system project.
* * * * * Person-- An individual, partnership, corporation, association, joint venture, consortium, institution, trust, firm, joint-stock company, cooperative enterprise, municipality, municipal authority, Federal Government or agency, Commonwealth Department, agency, board, commission or authority, or other legal entity which is recognized by law as the subject of rights and duties. In provisions of the act prescribing a fine, imprisonment or penalty, or a combination thereof, the term includes the officers and directors of a corporation or other legal entity having officers and directors.
* * * * * Pipeline facilities (including gathering lines)--New and existing pipe rights-of-way and associated equipment, facilities or buildings regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, codified without substantive change in 1994 by Pub. L. No. 103-272, 108 Stat. 1371 (49 U.S.C.A. §§ 60101--60125) which may include coastal, interstate or intrastate pipelines and tanks essential to the operation of the pipeline, such as tanks used to hold substances that operate compressors or pumps directly connected to the pipeline and breakout tanks used solely to relieve pressure surges from the pipeline and then re-inject substances from the pipeline back into the pipeline, but does not include dual purpose tanks or tanks at complex facilities which may serve both as breakout tanks and as storage tanks or feed stock tanks for the purposes of this chapter.
* * * * * Regulated substance--
(i) An element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health, welfare or the environment which is one of the following:
(A) A substance defined as a hazardous substance in section 101(14) of the [Comprehensive Environmental Response, Compensation, and Liability Act of 1980] CERCLA (42 U.S.C.A. § 9601), including hazardous substances that are liquid or gaseous, or suspended therein regardless of holding temperature, but not including a substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6921--6931).
(B) Petroleum, including crude oil or a fraction thereof and petroleum hydrocarbons which are liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds per square inch absolute), including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude oils, gasoline and kerosene.
(C) Other substances determined by the Department by regulation whose containment, storage, use or dispensing may present a hazard to the public health and safety or the environment, but not including gaseous substances used exclusively for the administration of medical care. This includes the following other regulated substances:
(I) Nonpetroleum oils including bio-diesel; synthetic fuels and oils, such as silicone fluids; tung oils and wood-derivative oils, such as resin/rosin oils; and inedible seed oils from plants, which are liquid at standard conditions of temperature and pressure. When requirements between hazardous and petroleum substances differ, the requirements for petroleum tanks apply for this group of substances.
(II) Compounds for use as additives in gasoline and not already found on the list from section 101(14) of CERCLA. The requirements for hazardous substances apply to this group of compounds in their unblended condition, and the requirements for petroleum tanks apply after blending with gasoline reduces their concentration to less than 15% by volume of the stored substance.
(III) Nonpetroleum substances listed in 34 Pa. Code Chapter 323 (relating to hazardous substance list) that are environmental hazards and are liquid or gaseous, or suspended therein regardless of holding temperature. Substances that appear on this list and do not have a CERCLA reportable quantity assigned must have a 1-pound reportable quantity for the purposes of this chapter. The requirements for hazardous substance apply to this group of compounds, except when they are already included in a group of substances classified as petroleum or regulated as a highly hazardous substance.
* * * * * Tightness testing activities--Testing activities which are designed and intended to detect leaks when performing precision tests, volumetric and [non-volumetric] nonvolumetric tests on underground storage [tanks] tank systems.
* * * * * Underground storage tank--One or a combination of tanks (including underground pipes connected thereto) which are used, were used or will be 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:
* * * * *
TANK HANDLING ACTIVITIES § 245.21. Tank handling and inspection requirements.
(a) Tank handling activities shall be conducted by a certified installer except in the case of modification to an aboveground nonmetallic storage tank, which may be modified by the tank manufacturer. Storage tank facility owners and operators may not use persons who are not Department-certified to conduct tank handling activities except as noted in this subsection. The certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity.
* * * * *
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 meeting requirements in § 245.444(3) and (4) (relating to methods of release detection for tanks).
(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)] § 245.444(3) and § 245.445(2) (relating to methods of release detection for piping).
* * * * * (e) A complete written test report shall be provided to the tank owner as documentation of test results within 20 days of the test. The test methodology, a certification that the test meets the requirements of § 245.444(3) [(relating to methods of release detection for tanks] or § 245.445(2) 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.
(f) Certified underground tightness testing (UTT) installers shall maintain complete records of tightness testing activities for a minimum of 10 years as provided in § 245.132(a)(3) (relating to standards of performance).
TANK REGISTRATION AND FEES § 245.41. Tank registration requirements.
(a) Tank owners shall properly register each storage tank by meeting the requirements of this section and paying the appropriate registration fee required by § 245.42 (relating to tank registration fees).
(b) Tank owners shall register each aboveground storage tank and each underground storage tank with the Department, except as specifically excluded by Department policy or this chapter, on a form provided by the Department, within 30 days after installation or acquisition of an ownership interest in the storage tank. Unless otherwise approved by the Department, a regulated substance may not be placed in the tank and the tank may not be operated until the tank is properly registered and the Department approves an operating permit for the tank.
(c) A form for registration of a storage tank shall be complete upon submission to the Department and provide the following:
(1) Tank owner, operator and contact information.
(2) General facility, site and location information.
(3) Specific tank description and usage information.
(4) Specific tank construction, system components and installation information.
(5) Owner or owner's representative certification validating the registration information and operating permit application.
(6) Certified tank installer information and signature.
(7) Certified tank inspector information and signature for certain classes of tanks addressed in § 245.21 (relating to tank handling and inspection requirements).
(8) Other applicable information that may be required by the Department.
(d) The owner's registration form shall also serve as an operating permit application. The Department may register a tank and not approve an operating permit for the tank if the application, tank system or the storage tank facility does not meet the requirements of this chapter or the permit applicant is in violation of the act. Tank owners may not store, dispense from or place a regulated substance in a storage tank that does not have an operating permit unless otherwise agreed upon by the Department. Additionally, certain classes of tanks require a site specific installation permit prior to beginning construction of a new or replacement storage tank in accordance with Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities). Submission of a site specific installation permit application is a separate requirement for these tanks that is not satisfied by the registration form submission.
(e) A combination of tanks that operate as a single unit requires registration of each tank unless otherwise agreed upon by the Department. A tank that has separate compartments within the tank shall be registered separately and charged a separate tank fee for each compartment unless the compartments are connected in a manner that fills, dispenses and operates as a single unit maintaining the same regulated substance at the same operating level in each compartment.
(f) Tank owners shall submit a registration form to amend registration information previously submitted to the Department within 30 days of a change in the previously submitted information. These changes include, but are not limited to, the following:
(1) Removal or relocation of a storage tank to a new facility.
(2) Temporary or permanent closure or removal from service of a storage tank.
(3) Change in use of a storage tank to or from regulated or nonregulated status, for example, changing a storage tank to use as a process vessel.
(4) Change in substance stored in the tank, unless otherwise agreed upon by the Department.
(5) Change of ownership or change of operator--new and previous owner.
(6) Change of contact, mailing address or telephone number.
(7) Installation of a new or replacement storage tank at an existing facility.
(g) The Department may require submission of supporting documentation and process information for exemption or exclusion from regulation for a tank change in status or use from a regulated to a nonregulated status.
§ 245.42. Tank registration fees.
(a) Annual registration fees to be paid by owners of aboveground storage tanks are established under section 302 of the act (35 P. S. § 6021.302) as follows:
(1) $50 for each aboveground storage tank with a capacity less than or equal to 5,000 gallons.
(2) $125 for each aboveground storage tank with a capacity of more than 5,000 gallons and less than or equal to 50,000 gallons.
(3) $300 for each aboveground storage tank with a capacity of more than 50,000 gallons.
(b) Annual registration fees to be paid by owners of underground storage tanks are established under section 502 of the act (35 P. S. § 6021.502) as $50 for each underground storage tank.
(c) The Department will issue an invoice to the tank owner after receipt of a complete registration form under § 245.41(c) (relating to tank registration requirements). A tank owner filing a registration shall remit the appropriate fee upon receipt of the invoice.
(d) Registration expiration dates are established for storage tanks according to facility location. The Department will prorate the registration fee established by this section to reflect the percentage of time remaining in the registration year from the date of initial registration of a storage tank. The Department will not refund registration fees if an owner permanently closes a storage tank or exempts a storage tank through a change-in-service or change-in-status prior to the expiration of the storage tank's registration.
(e) The Department will issue a certificate of registration to an owner upon payment of the required registration fee. The tank owner shall have the current valid certificate of registration available for inspection by the Department, certified storage tank inspector or installer and product distributor. At facilities where a regulated substance is sold at retail to the public, the certificate of registration or an exact copy shall be publicly displayed in a noticeable area at the facility.
(f) The Department will issue an annual invoice to the tank owner for the annual renewal of all regulated tanks at the owner's facility once per year, at least 60 days prior to the expiration of the certificate of registration.
(g) Fees are payable no later than 60 days after the invoice date, and will be considered delinquent 90 days after the invoice date.
§ 245.43. Failure to pay registration fee.
(a) An owner who fails to pay the required registration fee shall be subject to Commonwealth policy and guidelines for collection of delinquent debts due the Commonwealth.
(b) Failure to pay registration fees could result in Departmental actions against the storage tank owner and the operator, including, but not limited to, revocation of operating permits issued by the Department under this chapter.
(c) The Department may register a tank, but may withhold or deny the operating permit for the tank if the owner has a delinquent registration debt for any regulated storage tank.
Subchapter B. CERTIFICATION PROGRAM FOR INSTALLERS AND INSPECTORS OF STORAGE TANKS AND STORAGE TANK FACILITIES
GENERAL CERTIFICATION REQUIREMENTS § 245.102. Requirement for certification.
(a) A person may not conduct tank handling or tightness testing activities unless that person holds a current installer certification issued by the Department for the applicable certification category as indicated in § 245.110 (relating to certification of installers), except as provided in § 245.31 (relating to underground storage tank tightness testing requirements). [Except as provided in § 245.103 (relating to phase-in from interim certification), installer] Installer certification will only be issued by the Department to a person who:
* * * * * (4) Is not found to be in violation of the act or this chapter [and], or has not had a certification revoked by the Department under § 245.109 (relating to revocation of certification).
* * * * * (b) A person may not conduct inspection activities at a storage tank system or storage tank facility required by the Department under the act and this part unless that person holds a current inspector certification issued by the Department for the applicable inspector certification category. [Except as provided in § 245.103, inspector] Inspector certification will only be issued by the Department to a person who:
* * * * * (4) Is not found to be in violation of the act or this chapter [and], or has not had a certification revoked by the Department under § 245.109.
* * * * * (e) If the EQB deletes or consolidates certification categories or amends qualifications for certification prior to the expiration date of an installer or inspector's category certification, the category certification may still be used until the expiration date of that category certification.
§ 245.103. [Phase-in from interim certification] (Reserved).
[(a) The Department may issue an installer certification or inspector certification on a temporary basis for the applicable certification category to any person who meets the minimum experience requirements under § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).
(b) A person certified as an installer or inspector on an interim basis under section 108 of the act (35 P. S. § 6021.108) who meets the minimum experience and qualification requirements under § 245.111 or § 245.113 may request temporary installer certification or temporary inspector certification on or before January 21, 1992. Failure to be granted temporary installer certification or temporary inspector certification on or before March 23, 1992, will result in revocation of interim certification.
(c) To be granted permanent installer certification or permanent inspector certification, a person who obtains temporary installer certification or temporary inspector certification under this section, shall, on or before September 21, 1994, achieve a passing grade on a certification examination administered or approved by the Department for one or more of the certified installer or inspector categories described in § 245.110 or § 245.112 (relating to certification of installers; and certification of inspectors). Failure to achieve a passing grade within this time will result in expiration of the temporary installer certification or temporary inspector certification.
(d) If the EQB deletes or consolidates certification categories or amends qualifications for certification prior to the expiration date of an installer or inspector's permanent certification, the permanent certification may still be used until the expiration date of the certification.]
§ 245.104. Application for installer or inspector certification.
* * * * * (b) An application for installer or inspector certification shall be submitted to the Department on current forms provided by the Department and [shall] must contain the following information:
* * * * * (c) An application for certification shall be received by the Department no later than [120] 60 days prior to the announced date of the certification examination.
* * * * * (e) An applicant meeting the requirements of §[§ ] 245.102(a)(4) or (b)(4) [and 245.103] (relating to requirement for certification[; and phase-in from interim certification]) will be granted admission to the certification examinations for which the applicant has requested certification and is qualified.
§ 245.105. Certification examinations.
* * * * * (c) Only applicants who have been authorized by the Department, in accordance with this chapter, to take an examination will be admitted to an examination or issued a certification as a result of passing an examination. Authorization to take an examination will be based on compliance with [the requirements of] this chapter. Applicants who are authorized to take an examination are eligible to take the examination for up to 1 year from the date of authorization.
(d) To receive a passing grade on the examinations, the applicant for certification shall achieve a minimum score of [90] 80% on each technical section and a minimum score of 80% on the administrative section of the examination.
(e) [An applicant who fails two examinations for the same certification may not retake the examination until the applicant has successfully completed a training program that is administered or approved by the Department and focuses on those areas of the examination in which the applicant is deficient. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.] An applicant who fails an examination is eligible to retake the examination for up to 1 year from the failed examination test date, but no later than 18 months from date of authorization.
§ 245.106. Conflict of interest.
(a) Except as provided in subsection (b), a certified inspector may not be one or more of the following:
(1) An [employe] employee of the tank owner or the tank owner.
* * * * * § 245.108. Suspension of certification.
(a) The Department may suspend the certification of a certified installer or certified inspector for good cause which includes, but is not limited to:
(1) A violation of the act or this [part] chapter.
* * * * * (4) In the case of a certified inspector's failure to:
(i) Inform the owner or operator and the Department of conditions or procedures that are not in accordance with the manufacturer's technical and procedural specifications for installation, construction, modification or operation of the storage tank system or storage tank facility and not in compliance with the act or this chapter.
(ii) Conduct, review or observe a test or inspection activity required by the act or this [part] chapter.
* * * * * (5) In the case of a certified installer's failure to:
(i) Be present during tank handling activities at the storage tank system or storage tank facility as required by the act [and] or this [part] chapter.
(ii) Conduct tank handling activities in accordance with [the requirements of] the act [and] or this [part] chapter.
* * * * * (9) A violation of The Clean Streams Law, Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated under those statutes by the certified individual which results in the following:
* * * * * (10) Failure to perform underground tightness testing activities and documentation in accordance with § 245.31 (relating to underground storage tank tightness testing requirements).
* * * * * § 245.109. Revocation of certification.
(a) The Department may revoke the certification of a certified installer or certified inspector if the certified installer or certified inspector has done one or more of the following:
(1) Demonstrated a willful disregard of, or willful or repeated violations of the act or [regulations promulgated thereunder or] this [part] chapter.
* * * * * § 245.110. Certification of installers.
* * * * * (b) Installer certifications may be issued for the following categories:
* * * * * (2) [Underground storage tank-removal {UMR}. Removal from service of underground storage tank systems or storage tank facilities.
(3)] Underground storage tank-tightness tester {UTT}. Tightness testing activities involved in conducting and interpreting results of volumetric and nonvolumetric tests on underground storage tank systems or storage tank facilities.
(3) Manufactured storage tank-removal {MTR}. Removal from service of underground storage tank systems and manufactured aboveground storage tank systems or storage tank facilities.
* * * * * (6) [Aboveground manufactured storage tank-removal {AMR}. Removal from service of above- ground manufactured storage tank systems or storage tank facilities.
(7)] Aboveground field constructed metallic storage tank-installation, modification and removal {AFMX}. Installation, modification and removal of aboveground field constructed metallic storage tanks and corrosion protection systems. This category also covers the modification of tank components of an aboveground manufactured storage tank system.
[(8)] (7) Aboveground field constructed storage tank-removal {AFR}. Removal from service of aboveground field constructed and manufactured aboveground storage tank systems or storage tank facilities.
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) Storage tank-liner {TL}. Activities involved in [installing] installation or modification of internal linings for underground and aboveground storage tank systems or storage tank facilities and the evaluation of underground storage tank linings as required in § 245.422(b)(1)(ii) (relating to upgrading of existing underground storage tank systems).
§ 245.111. Certified installer experience and qualifications.
(a) An applicant shall meet the following minimum experience [or], education and training requirements[, or both,] and have completed the required number of activities in the appropriate category for an initial installer category certification:
[Total] Experience [or], Education Total Number of Category [plus Experience] and Training Activities Completed UMX 2 years, or college degree and 1 year
Technical training[15] 9 installations [UMR 2 years, or college degree and 1 year 15 removals] UTT Department approved training with testing equipment manufacturer's certification None MTR 2 years, or college degree and 1 year
Technical training6 removals AMMX 2 years, or college degree and 1 year
Technical training[15] 9 installations or UMX Certification
Technical trainingNone or AFMX Certification None AMNX 2 years, or college degree and 1 year
Technical training[15] 9 which may be installations or major modifications or AMMX certification 6 AST installations [AMR 2 years, or college degree and 1 year 15 removals or UMR Certification None or AFR Certification None] AFMX 3 years, or college degree and 2 years
Technical training[20] 12 which may be installations or major modifications AFR 2 years, or college degree and 1 year
Technical training[15] 6 removals AMEX 3 years, or college degree and 2 years
Technical training[20 (10 installations and 10 modifications)] 12 installations or modifications (at least 6 installations) ACVL 3 years, or college degree and 2 years
Technical training[20 (10 installations and 10 modifications)] 12 installations or modifications (at least 6 installations) TL 2 years Manufacturer's certification [15] 9 tank linings
(b) The total number of activities completed required by subsection (a) shall have been completed within the [7] 3-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities. Noncertified individuals may work at the site but the certified installer is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.
* * * * * (g) [Six months experience may be accredited to an installer applicant who successfully completes a Department approved training program applicable to the certification category being requested. The 6 months experience shall be accredited to the total years of experience required by subsection (a), except for applicants who are substituting a college degree for experience.] Category-specific technical training required by subsection (a) shall be completed during the experience interval unless otherwise determined by the Department. The requirement for category-specific technical training is effective ______(Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal.).
(h) The applicant shall document current safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).
§ 245.112. Certification of inspectors.
* * * * * (b) Inspector certifications may be issued for the following categories:
* * * * * (3) IAF aboveground field constructed and aboveground manufactured storage tank systems and storage tank facilities.
§ 245.113. Certified inspector experience and qualifications.
(a) An initial applicant shall meet the following minimum experience [or education requirements, or both,] and qualifications and have completed the required number of activities in the appropriate category of an inspector category certification:
[Total] Experience and Qualifications Total Number of Category [or Education plus Experience] Activities Completed IUM [1.] 4 years, or college degree and 2 years
[2.] Department approved tank tightness testing familiarization course or UTT certification[20 (10 installations and 10 major modifications) or (20 operations inspections for certification renewal applicants)] None [or]
[IAM certification and Department approved tank tightness testing familiarization course or UTT certification]
[None]UMX certification Corrosion protection training IAM [1.] 4 years, or college degree and 2 years
[2. Nondestructive testing level 2 certification using current ASNT recommended practice (SNT-TC-1A) or Department approved aboveground tank inspector training course or] API 653 Certification[20 (which may be any combination of installations, major modifications or service inspections)] None or [IAF Certification] [None] STI Inspector Certification or Department-approved aboveground tank inspector certification IAF [1.] 4 years, or college degree and 2 years
[2. Nondestructive testing level 2 certification using current ASNT recommended practice (SNT-TC-1A) or Department approved API 653 training course or][20 (which may be any combination of installations, major modifications or inspections under API 653 standards)] 12 integrity or construction inspections API 653 certification. or Department-approved aboveground tank inspector certification
(b) The total number of activities completed required by subsection (a) shall have been completed within the [7] 3-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities.
* * * * * (d) The total number of activities completed required by subsection (a) may be met through the conducting of [tank handling or] inspection activities. Noncertified individuals may work at the site but the certified inspector is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.
* * * * * (g) The applicant shall document current safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).
(h) Certified inspectors of underground storage tanks (IUM) shall complete Department inspector training prior to conducting UST facility operation inspections required in § 245.411 (relating to inspection frequency).
§ 245.114. Renewal and amendment of certification.
(a) [Except as provided in § 245.103 (relating to phase-in from interim certification), certification shall be for 3 years from the date of issuance unless suspended or revoked. The date of certification expiration for amended certification applications shall coincide with the expiration dates of other certification categories for which the same certification examination modules were administered and passing grades were received. An applicant for renewal shall:] Certification categories renewed after ______ (Editor's Note: The blank refers to a date 60 days after the effective date of adoption of this proposal.) will have a uniform expiration date of 3 years from the issuance date of the first category renewed after______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.).
(b) After the conversion to a uniform expiration date as provided in subsection (a), the issued certification will be valid for 3 years from the previous expiration date, unless suspended or revoked before that date.
(c) An applicant shall meet the following minimum training requirements or number of activities in the appropriate category for renewal of installer certification:
Category Training Total Number of Activities Completed (Renewal by activities to be phased out
______ (Editor's Note: The blank refers to the effective date of this proposed rulemaking.))UMX Examination or Technical Training
Administrative Training12 installations or major modifications UTT Testing equipment manufacturer's certification
Administrative TrainingNone MTR Examination or Technical Training
Administrative Training6 removals AMMX Examination or Technical Training
Administrative Training12 installations or major modifications AMNX Examination or Technical Training
Administrative Training12 installations or major modifications AFMX Examination or Technical Training
Administrative Training12 installations or major modifications AFR Examination or Technical Training
Administrative Training6 removals AMEX Examination or Technical Training
Administrative Training12 installations or major modifications ACVL Examination or Technical Training
Administrative Training12 installations or major modifications TL Manufacturer's certification
Administrative Training12 tank linings
(d) An applicant shall meet the following requirements in the appropriate category for renewal of inspector certification:
Category Qualifications and Training IUM Department Inspector Training IAM API 653 Certification or STI Inspector Certification or Department approved inspector certification and Department Inspector Training IAF API 653 certification or Department approved inspector certification and Department Inspector Training (e) Renewal of categories based on number of activities completed without technical training or examination as provided in subsection (c) will be a method of renewal until ______ (Editor's Note: The blank refers to a date 2 years after the effective date of adoption of this proposal.).
(f) Technical and administrative training shall be obtained within 2 years prior to application submission. Administrative training will be provided by the Department.
(g) An applicant for renewal shall:
(1) Submit a completed application for renewal to the Department [at least] 60 to 120 days prior to the [renewal] expiration date or examination test date. Applicants who fail to submit a renewal application within 60 days following the expiration date shall meet the experience, qualifications and examination requirements for initial certification as required in § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications) and the requirements in § 245.105 (relating to certification examinations).
(2) The applicant shall document current safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).
[(2)] (3) * * *
[(3) Have been actively involved in tank handling or inspection activities in each individually certified category during the previous 3-year period immediately prior to submitting the renewal application for certification or take the technical module examinations again for all inactive certification categories and achieve a passing grade as described in § 245.105(d) (relating to certification examinations).]
[(b)] (h) * * *
* * * * * [(c)] (i) Certified installers or certified inspectors required to amend their certifications in accordance with subsection [(b)](h)(1) or (3) shall apply for amendment on a form provided by the Department.
[(d)] (j) Certified installers or certified inspectors required to amend their certifications in accordance with subsection [(b)](h)(2) shall comply with the applicable requirements of this chapter related to application, experience, qualifications and examination.
COMPANY CERTIFICATION § 245.121. Certification of companies.
After March 23, 1992, a company may not [perform or] employ a certified installer or certified inspector to perform tank handling, tightness testing or inspection activities unless the company holds a valid certification issued by the Department under this chapter and the company verifies that the certified installer or certified inspector holds a valid certification issued under this chapter for the appropriate category.
§ 245.122. Applications for company certification.
(a) Applications for certification shall be submitted to the Department on forms provided by the Department and [shall] include information that will enable the Department to determine if issuance of the certification [shall conform] conforms to [the requirements of] the act and this chapter. The following information shall be included:
* * * * * (3) [A summary of the previous tank handling and inspection activities performed by the company and the officers of the company over the 7-year period immediately preceding the application.] Information on previous certification revocations under §§ 245.109 and 245.124 (relating to revocation of certification; and revocation of company certification) of company officers, the company and the company under a previous or fictitious name.
* * * * * (c) The Department may not issue company certification if one or more of the following apply:
(1) The company is found to be in violation of the act or this chapter.
(2) The company certification was previously revoked under § 245.124.
(3) An officer of the company has had their individual certification revoked under § 245.109.
(4) An officer of the company was an officer in a company whose company certification was revoked under § 245.124 at the time the conduct resulting in revocation occurred.
§ 245.123. Suspension of company certification.
(a) The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:
* * * * * (4) A violation of The Clean Streams Law, Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which results in the following:
* * * * * (6) Failure to provide oversight of employee certification applications, tank handling and inspection reports.
(7) Submission of false information to the Department or tank owner.
(8) Failure to have a properly certified installer in direct onsite supervision and control of a tank handling activity.
(b) A certified company shall surrender certification documents to the Department upon notification of suspension.
(c) The Department may reinstate the certification if the following apply:
* * * * * [(c)](d) Suspension of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities during the suspension.
§ 245.124. Revocation of company certification.
(a) The Department may revoke the certification of a certified company for one or more of the following conditions:
* * * * * (4) Willfully submitting false information to the Department.
(b) Revocation of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities.
(c) A certified company shall surrender certification documents to the Department upon notification of revocation.
§ 245.125. Renewal and amendment of company certification.
(a) Company certification shall be for 3 years from the date of issuance unless suspended or revoked before that date. An applicant for renewal shall submit a completed application for renewal to the Department [at least] 60 to 120 days prior to the [renewal] expiration date.
(b) A certified company shall notify the Department and file an amendment to its company certification on a form approved by the Department whenever there is a change in the information provided in the application for the certification. This form shall be submitted within 14 days of the date of a change in information.
STANDARDS FOR PERFORMANCE § 245.132. Standards of performance.
(a) Certified companies, certified installers and certified inspectors shall:
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