[36 Pa.B. 1851]
[Continued from previous Web Page] (1) Maintain [manufacturers, American Society of Nondestructive Testing (ASNT), American Petroleum Institute (API), American Society of Mechanical Engineers (ASME), Underwriters Laboratory (UL), Petroleum Equipment Institute (PEI), EPA and Department] current technical and administrative specifications and manuals, Nationally recognized codes and standards, and State and Federal regulations which pertain to the categories for which certification was issued. [This material is available from the following sources:] Nationally recognized organizations are identified in §§ 245.405, 245.505 and 245.604 (relating to codes and standards; applicability; and referenced organizations).
[(i) American Society of Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518, Columbus, Ohio 43228-0518.
(ii) American Petroleum Institute, 2535 One Main Place, Dallas, TX 75202-3904.
(iii) American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017.
(iv) Underwriters Laboratory, Suite 400, 818 Eighteenth Street, N.W., Washington D.C. 20006.
(v) Petroleum Equipment Institute, Post Office Box 2380, Tulsa, Oklahoma 74101.
(vi) Environmental Protection Agency, Region III, UST/LUST Section (3HW63), 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
(vii) Department of Environmental Protection, Division of Storage Tanks, 400 Market Street, Post Office Box 8762, Harrisburg, Pennsylvania 17105-8762.]
(2) Complete and [file with] submit, within 60 days of the activity, to the Department [on] a form, provided by the Department, [a certification] certifying that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements of the act and this [part] chapter and accurately describes the conditions of the storage tank system and facility.
(3) Maintain complete records of tank handling and inspection activities, nondestructive examination and testing results and tightness testing records for a minimum of 10 years.
* * * * * (6) Not affix the certified installer's or certified inspector's signature or certification number to documentation concerning the installation or inspection of a component of a storage tank system project or to documentation concerning tank handling or inspection activity, unless:
* * * * * (iii) Installation or modification inspection activities were conducted on a large or field constructed aboveground storage tank and the certified inspector was involved prior to the initiation of the project and was present at critical times, so that the inspector can reliably determine that the following requirements were met:
(A) Industry standards and project specifications were followed throughout the tank handling activity.
(B) Appropriate testing and nondestructive examinations were properly conducted.
(C) The tank is suitable for operational service.
(7) Not certify to an owner or operator or the Department that a storage tank system project or component thereof is complete unless it complies with the act or this chapter. Project certification applies to both certified activities and nontank handling activities that may have been performed as part of the project.
(8) Adhere to equipment manufacturer's instructions, accepted industry standards and applicable industry codes of practice when performing tank handling, tightness testing or inspection activities or other nontank handling activities on the project.
(9) Provide requested records and documentation to the Department under section 107(c) of the act (35 P. S. § 6201.107(c)).
(b) A certified installer or certified inspector shall display [his] a certification identification card or certificate upon request.
(c) A certified company is responsible for employees having appropriate safety and technical training. Certified companies, certified installers and certified inspectors shall adhere to health and safety procedures, such as those required by the Federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
TRAINING APPROVAL § 245.141. Training approval.
* * * * * (c) Training approval shall be for 3 years from the date of issuance. 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.
(d) The Department may approve industry recognized training without the submission of an application as provided in subsection (a).
Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS AND FACILITIES
GENERAL § 245.203. General requirements for permits.
* * * * * (b) A person is not required to submit [an] a separate application for a permit if the storage tank system is subject to a permit-by-rule[, if the person maintains and operates the]. The storage tank system must be registered with the Department in accordance with Subchapter A (relating to general provisions) and be maintained and operated in compliance with the standards and requirements of the Department under the act and this chapter. Failure to comply with standards could result in administrative or other Departmental actions against the storage tank owner/operator.
(c) A person may continue to operate an existing storage tank system, registered with the Department on or before October 11, 1997, when the tank system is operated for its intended use, until the Department notifies the person to submit a permit application under this subchapter or the Department notifies the person the tank system is deemed permitted, if the person maintains and operates the storage tank system in compliance with the act and this chapter.
(d) Operation of existing storage tank systems will be allowed to continue until the Department takes final action on the permit application requested in subsection (c) or the Department notifies the owner/operator that the tank system is deemed permitted.
(e) Operating permits will be renewed automatically on an annual basis concurrent with registration. There will be no additional fee or paperwork required beyond the registration requirements established in Subchapter A.
GENERAL OPERATING PERMITS § 245.222. Application requirements.
Applications for a general operating permit shall be submitted on a Department form. The application [shall] must certify the following:
(1) General requirements for all storage tank systems are as follows:
* * * * * (ii) Tank handling and inspection activities are performed by Department certified individuals, as specified in § 245.21 (relating to tank handling and inspection requirements) and Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(iii) The storage tank system is in compliance with applicable administrative, technical and operational requirements as specified in Subchapter E [or], Subchapter F or Subchapter G (relating to technical standards for underground storage tanks; [and] technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).
* * * * *
SITE SPECIFIC INSTALLATION PERMITS § 245.231. Scope.
(a) Site specific installation permits are required prior to the construction, reconstruction or installation of one or more of the following:
* * * * * (3) New highly hazardous substance tank systems.
(4) New underground field constructed storage tank systems.
(b) Site specific installation [permits] permit applications meeting the requirements in §§ 245.232(a)(1) and (2) and 245.236 (relating to general requirements; and public notice) are required to be approved prior to [the] construction, reconstruction or installation [of one or more of the following:]. Additional application requirements include the following:
(1) [New underground field constructed storage tank systems.] Large aboveground storage tank system at a new facility or existing small above- ground tank facility requires compliance with § 245.232(a)(3)and (4) and (b) (relating to general requirements).
(2) [New underground highly hazardous substance tanks.] Large aboveground storage tank system at an existing large aboveground storage tank facility on new location requires compliance with § 245.232(a)(3) and (b).
(3) [New small aboveground highly hazardous substance tanks.] Large aboveground storage tank system at an existing large aboveground storage tank facility on the footprint of previous aboveground storage tank system requires compliance with § 245.232(b) and § 245.234(b) (relating to siting requirements).
(4) Small aboveground storage tank systems at a new large aboveground storage tank facility require compliance with § 245.232(a)(3) and (b).
(c) If the facility owner or operator can demonstrate that, on [October 11, 1997, either construction has commenced or the owner/operator has entered into contractual agreements for construction of a new storage tank or facility covered by this section] or before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.), construction has commenced on an aboveground storage tank with a capacity greater than 30,000 gallons used or to be used for storing heating oil for consumptive use on the premises, the requirements of this section will not apply.
§ 245.232. General requirements.
* * * * * (c) Applications for site specific installation permits shall be accompanied by the proper fee required by section 304(c) of the act (35 P. S. § 6021.304(c)) for aboveground storage tanks and section 504(c) of the act (35 P. S. § 6021.504(c)) for underground storage tanks.
§ 245.234. Siting requirements.
(a) The Department will not issue a site specific storage tank system or facility installation permit if:
* * * * * (3) The Department determines that construction design criteria or engineering specifications submitted by a professional engineer are not in accordance with generally accepted sound engineering practices or existing conditions at the site require mitigation to properly support the tank systems and the applicant's proposed mitigation actions are not deemed adequate.
(b) The applicant shall provide the following additional information if appropriate:
* * * * * (3) A professional engineer's construction design criteria and engineering specifications necessary to mitigate surface or subsurface conditions which may result in excessive tank system settlement or unstable support of the applicant's proposed tank systems.
§ 245.235. Environmental assessment.
* * * * * (b) An environmental assessment in a permit application [shall] must include detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including air quality, water quality, threatened or endangered species and water uses. The applicant shall consider environmental features such as recreational river corridors, State and Federal parks, historic and archaeological sites, National wildlife refuges, State and Federal natural areas, prime farmland, wetlands, special protection watersheds designated under Chapter 93 (relating to water quality standards), public water supplies and other features deemed appropriate by the Department or the applicant.
(c) The Department[, after consultation with appropriate governmental agencies and potentially affected persons,] will evaluate the assessment provided under subsection (a) to determine whether the proposed operation has the potential to cause environmental harm. The Department will consult with appropriate governmental agencies and potentially affected persons concerning potential environmental harm. If the Department determines that the proposed operation has that potential, it will notify the applicant in writing.
* * * * *
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.
(a) Unless a site characterization report is submitted in accordance with § 245.310(b) (relating to site characterization report), the responsible party shall prepare and submit to the Department within 45 days of submission of a site characterization report required by § 245.310(a) selecting the background or Statewide health standard, within 45 days of deemed approval or receipt of a written approval of a site characterization report selecting the site-specific standard or within an alternative time frame as determined by the Department, two copies of a remedial action plan prior to implementation of the remedial action plan. The remedial action plan [shall] must be complete and concisely organized and [shall] contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:
* * * * * (2) A copy of the plans relating to worker health and safety, management of wastes generated and quality assurance/quality control procedures, as they relate to the remedial action, if different from the plans submitted in accordance with § 245.310(a)[(27)](25).
* * * * *
Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS
GENERAL § 245.403. Applicability.
* * * * * (c) Temporary exclusions. Existing tanks that become regulated due to the addition of new regulated substances in § 245.1 ((relating to definitions) (See the definition of ''regulated substance'' (i)(C)(I)--(III))) are subject to this subsection and shall be registered with the Department by ______ (Editor's Note: The blank refers to a date 60 days after the effective date of adoption of this proposal.). In addition, these tanks are temporarily excluded from the requirements in §§ 245.421, 245.422, 245.431, 245.432 and 245.441--446, respectively, until ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.)
§ 245.404. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner/operator of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:
* * * * * (2) A written application for a variance shall be submitted to the Department and provide the following information:
* * * * * (iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.
* * * * * (3) New technologies may be granted a variance. New technologies shall be reviewed and appropriately documented by a professional engineer and documentation provided to the Department with the variance request.
(4) When granting the variance, the Department may impose specific conditions necessary to ensure the adequate protection of human health and the environment.
[(4)] (5) * * *
[(5)] (6) * * *
§ 245.405. Codes and standards.
[All regulated underground storage tank systems shall comply with applicable industry codes. By policy, the Department can recognize industry codes and practices which can be used to comply with this chapter. A list of industry codes and practices which may be used to comply with this subchapter may be obtained from the Department.]
(a) The following listed associations and their codes and standards shall be used in conjunction with manufacturer's specifications to comply with this subchapter:
(1) American Concrete Institute (ACI)
(2) American National Standards Institute (ANSI)
(3) American Petroleum Institute (API)
(4) American Society for Testing and Materials (ASTM)
(5) Association of Composite Tanks (ACT)
(6) Fiberglass Petroleum Tank and Pipe Institute
(7) NACE International--The Corrosion Society (NACE)
(8) National Fire Protection Association (NFPA)
(9) National Leak Prevention Association (NLPA)
(10) Petroleum Equipment Institute (PEI)
(11) Steel Tank Institute (STI)
(12) Underwriters Laboratory (UL)
(b) The most current or latest edition of the codes and standard shall be applied when used to meet the technical standards and requirements of this subchapter. Other Nationally recognized associations and their codes and standards not referenced in this part may also be used to comply with this subchapter, when appropriate.
(c) When Nationally recognized codes and standards or manufacturer's specifications are updated, facilities or storage tank systems installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standards.
(d) Regulatory requirements prevail over codes and standards whenever there is a conflict.
FACILITY INSPECTIONS § 245.411. Inspection frequency.
(a) Inspection of tanks. Underground storage tank owners or operators shall have their underground storage tank facility inspected by a certified inspector at the frequency established in subsections (b)--(d). The inspection shall include, but not be limited to, [leak] release detection, assessment of the underground storage tank system and ancillary equipment, operation of overfill and spill prevention equipment where practicable, corrosion protection testing, or verification that corrosion protection is functional, and release prevention measures.
(b) Initial inspections.
(1) [Tank] Storage tank facilities with tank systems installed prior to December 1989, shall be inspected prior to October 11, 1999[, whichever date is later].
(2) [Tank] Newly installed storage tank systems [installed after October 11, 1997,] shall be inspected [within] between 6 to 12 months [of] after installation. If the facility ownership changes, an inspection of the facility shall be completed [within] between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.
* * * * * (c) Subsequent routine facility inspections.
[(1)] Subsequent facility inspections shall be conducted at least once every [5] 3 years (36 months) commencing after the last inspection[, except as provided in paragraph (2)].
[(2) Facilities with total secondary containment of both piping and the tank shall be inspected at least once every 10 years commencing from the date of the last inspection.]
(d) Additional inspections and mandatory training. Inspections in addition to those in subsections (b) and (c) may be [requested in writing] required by the Department when the prior inspection determined release detection or corrosion protection violation(s) occurred, or when the Department determines the inspections are necessary to verify compliance with this subchapter. The Department may require facility owners and operators to successfully complete a release detection or operator maintenance training course when related violations are documented through an inspection.
UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION § 245.421. Performance standards for [new] underground storage tank systems.
(a) New underground storage tank systems.
(1) Underground storage tank systems installed after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) must have total secondary containment, which consists of double-walled tanks, double-walled piping and liquid-tight containment sumps, tank manway riser sumps and dispenser pan sumps that allow for release detection monitoring of the system. Also, tank systems installed with pressurized piping systems must be equipped with automatic line leak detectors that meet the requirements of § 245.445(1) (relating to methods of release detection for piping).
(2) At least 30 days prior to the installation of a new tank or a new underground storage tank system, or within another reasonable time agreed upon by the Department, owners and operators shall notify the Department of the proposed installation on a form provided by the Department.
(3) An owner or operator of a tank system changing from unregulated to regulated service shall provide certification or documentation that the tank system meets new tank system requirements.
(b) To prevent releases due to structural failure, corrosion or spills and overfills for as long as the underground storage tank system is used to store regulated substances, owners and operators of new and existing underground storage tank systems shall ensure that the system meets the following requirements:
(1) Tanks. A tank [shall] must be properly designed, and constructed. A tank or portion of a tank including the outer metallic wall of a double-walled tank that is underground and routinely contains product shall be protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory, using one of the following methods:
* * * * * (ii) The tank is constructed of steel and cathodically protected in the following manner:
* * * * * (C) Impressed current systems are designed [to] by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3) (relating to operation and maintenance including corrosion protection).
* * * * * (2) Piping. The piping and ancillary equipment that routinely [contains] contain regulated substances shall be protected from corrosion and deterioration. [Piping] New piping that routinely contains regulated substances must be double walled with liquid tight containment sumps and dispenser pan sumps installed in accordance with paragraph (4)(ii). Whenever more than 30% of the system piping is replaced, the entire piping for the tank system shall be replaced meeting the requirements of this subsection. The portions of the piping system, including joints, flexible connectors and ancillary equipment that [is] are in contact with the ground [shall] must be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory using one of the following methods:
(i) The piping or component is constructed of nonmetallic material such as fiberglass reinforced plastic or other noncorrodible and UL listed material.
(ii) The piping or component is constructed of [steel] metal and cathodically protected in the following manner:
(A) The piping is coated with a suitable dielectric material. The wrapping of piping with tape or similar material alone does not meet this requirement.
* * * * * (C) Impressed current systems are designed [to] by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3).
* * * * * (3) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph [(iii)] (iv), to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators shall ensure that their systems have the following spill and overfill prevention equipment:
(A) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe--for example, a spill catchment basin or spill containment bucket.
(B) Overfill prevention equipment that will do one or more of the following:
* * * * * (II) Alert the transfer operator when the tank is no more [more] than 90% full by restricting the flow into the tank or triggering a high-level alarm.
* * * * * (iii) Ball float valves may not be used on suction pump systems having an air eliminator, or on any system having coaxial stage-1 vapor recovery systems or receiving pressurized pump deliveries.
(iv) Owners and operators are not required to use the spill and overfill prevention equipment specified in subparagraph (i) if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.
(4) Installation.
(i) Tanks and piping shall be properly installed and system integrity tested in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory such as API 1615 and PEI RP100, and in accordance with the manufacturer's instructions.
(ii) Newly installed spill containment buckets, tank riser sumps, dispenser pans and containment sumps must be constructed to be liquid-tight, and shall be tested prior to use of the system to confirm liquid-tight construction using a hydrostatic test, vacuum test or other appropriate testing procedure.
(iii) Overfill prevention equipment shall be properly installed and tested in accordance with a code of practice developed by a Nationally recognized association, and in accordance with manufacturer's instructions. When ball float valves are used, the valve shall be installed with extractor fitting and ball floats must be readily accessible (not requiring excavation) for removal and operational verification.
[(5)](c) * * *
§ 245.422. Upgrading of existing underground storage tank systems.
* * * * * (b) Tank upgrading requirements. Steel tanks shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory:
(1) Interior lining. A tank may only be upgraded by internal lining [if the] prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.). The following conditions [are] of existing lined tanks shall be met:
(i) The lining [is] was installed in accordance with § 245.434 (relating to repairs allowed).
(ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally [inspected] evaluated by, or under the direct onsite supervision of, a certified tank liner (TL) or by a professional engineer adhering to the evaluation process developed by a National association and found to be structurally sound with the lining still performing in accordance with original design specifications. The evaluation findings shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank's operating life.
(iii) Lined tank systems that do not meet original design specifications or have not been evaluated as required in subparagraph (ii) shall be emptied immediately, removed from service and permanently closed in accordance with §§ 245.451 and 245.452 (relating to temporary closure, and permanent closure; and changes-in-service).
* * * * * (3) Internal lining combined with cathodic protection.
A tank [may be] upgraded [by] prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) having both internal lining and cathodic protection [if] must meet the following [apply]:(i) The lining [is] was installed in accordance with [the requirements of] § 245.434.
(ii) The cathodic protection system meets § 245.421 (b)(1)(ii)(B)--(D).
(c) Piping upgrading requirements. Metal piping and fittings that routinely contain regulated substances and are in contact with the ground [shall] must be one or more of the following:
(1) Replaced with piping meeting the requirements of new piping in § 245.421(b)(2)(i) and (ii).
(2) Cathodically protected in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory and meets the requirements of § 245.421(b)(2)(ii)(B)--(D).
(3) Installed at a site that is determined to not be corrosive enough to cause a release due to corrosion for the remaining operating life of the piping under § 245.421(b)(2)(iii).
(d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the underground storage tank system, existing underground storage tank systems [shall] must comply with new underground storage tank system spill and overfill prevention equipment requirements in § 245.421(b)(3) and (4).
(e) Release detection equipment.
(1) When release detection equipment is modified or replaced on an underground storage tank system greater than 3,000 gallons capacity, an automatic tank gauge certified in accordance with § 245.441(a) (referring to general requirements for underground storage tank systems) must be installed as the release detection method unless interstitial monitoring is used for release detection in accordance with § 245.444(7).
(2) Underground storage tank systems using an interstitial monitor or an electronic line leak detection system in accordance with § 245.445(1) (relating to methods of release detection for piping), must upgrade from an alarm to a automatic pump shut-off device before ______ (Editor's Note: The blank refers to a date 2 years following the effective date of adoption of this proposal.).
(3) On an underground storage tank system, with a capacity greater than 3,000 gallons, a mechanical line leak detection device that alerts the operator to the presence of a leak by slowing or restricting the flow of regulated substance to the dispenser, must be upgraded with an automatic line leak detection system with an automatic pump shut-off device meeting the requirements of § 245.445(1) before ______ (Editor's Note: The blank refers to a date 5 years following the effective date of adoption of this proposal.).
§ 245.423. Registration requirements.
* * * * * (f) Every owner, including a new owner of an existing tank system, shall [complete an amended registration form, provided by the Department, when one or more of the following conditions occur:] comply with tank registration requirements in Subchapter A (relating to general provisions).
[(1) Change of tank ownership--new owner only.
(2) Installation of a new tank.
(3) Closure of a tank system or component.
(4) Change in tank system service such as, but not limited to, temporary closure or change to an unregulated substance.]
§ 245.425. Reuse of removed tanks.
A storage tank removed from the ground may be reused as a regulated underground storage tank under the following circumstances:
(1) [The tank is installed by a certified installer.
(2)] The tank [has been] was properly closed in accordance with § 245.452 (relating to permanent closure and changes-in-service) at the site where previously used.
(2) The tank is installed at the new site by a certified installer.
(3) The new installation meets the requirements of § [245.422 (relating to the upgrading of existing underground storage tank systems)] 245.421 (relating to performance standards for underground storage tank systems).
* * * * * (5) Either the manufacturer, a person certified by the manufacturer or a registered professional engineer warrants that the tank meets the requirements of § 245.421[(1)](a) [(relating to performance standards for underground storage tank systems)].
GENERAL OPERATING REQUIREMENTS § 245.432. Operation and maintenance including corrosion protection.
(a) Owners and operators of steel underground storage tank systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store regulated substances:
* * * * * (3) Underground storage tank systems with impressed current cathodic protection systems shall be inspected or checked by the operator every 60 days to ensure the equipment is running properly. As a minimum, the operator shall document the date checked, annotate the system's functioning status, and for systems equipped with a direct current readout meter, record the amount of current indicated on the meter.
* * * * * [(5)] (b) * * *
[(6) Line] (c) Required equipment, including but not limited to, line leak detectors, product sensors and probes, dispenser pans, containment sumps, measuring devices (including gauge sticks), gauges, corrosion protection, spill prevention, overfill prevention and other appurtenances whose failure could contribute to a release of product, shall be maintained in a good state of repair [and shall] to ensure they function as designed.
(d) Tanks which have been lined and have not had corrosion protection added in accordance with § 245.422(b)(2) shall have the lining evaluated under the direct, onsite supervision of a TL certified tank installer or by a professional engineer.
(1) Evaluations must adhere to an evaluation process developed by a National association identified in § 245.405 (relating to codes and standards) as follows:
(i) Ten years after lining installation.
(ii) Every 5 years after the preceding evaluation.
(2) Each evaluation finding shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank's operating life.
(e) Lined tank systems that do not meet original design specifications or have not been evaluated as required in subsection (d)(1) and (2) shall be emptied immediately, removed from service and permanently closed in accordance with §§ 245.451 and 245.452 (relating to temporary closure, and permanent closure; and changes-in-service).
(f) Primary and secondary containment structure must be maintained in a leak free condition. If infiltration or a release is detected in an interstice, the defective component shall be repaired in accordance with § 245.434 (relating to repairs allowed). Repairs, including those performed to stop infiltration, shall be tested in accordance with § 245.434(5).
(g) A check for water in petroleum tanks shall be performed monthly and excess water shall be promptly removed as necessary. Water may not exceed the tank manufacturer's recommendations or more than 2 inches of accumulation in the bottom of the tank, whichever is less. Excess water shall be properly disposed in accordance with applicable State and Federal requirements.
§ 245.434. Repairs allowed.
Owners and operators of underground storage tank systems shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store regulated substances. The repairs [shall] must meet the following requirements:
* * * * * (5) Tanks, containment sumps and piping repaired in response to a release shall be tightness tested in accordance with §§ 245.444(3), 245.421(b)(4)(ii) and 245.445(2) (relating to methods of release detection for tanks; performance standards for underground storage tank systems; and methods of release detection for piping), respectively, prior to placing the system back into service except as provided as follows:
* * * * * (7) Underground storage tank system owners and operators shall maintain records of each repair including those in response to a release, for the remaining operating life of the underground storage tank system [that demonstrate compliance with this section].
§ 245.435. Reporting and recordkeeping.
(a) Owners and operators of underground storage tank systems shall cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors, as well as requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act (35 P. S. § 6201.107(c)).
(b) Owners and operators shall maintain required records. If records are maintained offsite, the records shall be easily obtained and provided upon request.
(1) Reporting. Owners and operators shall submit the following applicable information to the Department:
(i) Notification in accordance with § 245.41 (relating to tank registration requirements) for underground storage tank systems [(§ 245.423 (relating to registration requirements)), which includes], including, but not limited to, change of ownership, closure of a tank system, change of substance stored and change of tank status, and certification of installation for new underground storage tank systems (§ 245.421[(5)](c) (relating to performance standards for [new] underground storage tank systems)).
* * * * * (2) [Recordkeeping] Permanent recordkeeping. Owners and operators shall maintain records for new systems and available records for existing systems for the operational life of the tank system and retain the records for a minimum of 1 year after the tank system has been removed. Permanent records include the following [information]:
(i) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (§ 245.421(b)(1)(iv) and (2)(iii) and § 245.422(b)(2)(iv) and (c)(3) (relating to upgrading of existing underground storage tank systems)).
(ii) The corrosion expert's design of an impressed current system in accordance with §§ 245.421(b)(2) (ii)(B) and 245.422(b)(2) and (c)(2).
(iii) Documentation of tank system installation, system modification and tank upgrade activities.
(iv) Tank system assessment records prior to upgrading in accordance with § 245.422(b).
(v) Documentation of [operation of corrosion protection equipment] the installation testing and commissioning reports required for corrosion protection systems by manufacturers and National standards in accordance with [(]§ 245.432 (relating to operation and maintenance including corrosion protection)[)].
[(iii)](vi) Documentation of underground storage tank system repairs including those in response to a release (§ 245.434(6) (relating to repairs allowed)).
(vii) Documentation to demonstrate that containment sumps and dispenser pans installed or repaired after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) were tested and verified to be liquid tight in accordance with §§ 245.421(b)(4) and 245.434(5).
(viii) Tank lining evaluation reports (§ 245.432(d) and (e)).
(ix) Documentation showing Department approval for a variance or alternate leak detection method (§§ 245.404 and 245.443 (relating to variances; and requirements for hazardous substance underground storage tank systems)).
(3) Temporary records shall be maintained as follows:
(i) The current Storage Tank Registration/Permit Certificate.
[(iv) Current compliance with] (ii) Tank and pipe release detection [requirements] records for the past 12 months, including written certifications or performance claims for the release detection methods in use and documentation of investigations of suspected releases (§§ 245.446 and 245.304 (relating to release detection recordkeeping; and investigation of suspected releases)).
(iii) The last annual check/testing, and maintenance records of leak detection equipment including probes, monitors, line leak detectors, and automatic tank gauges that verify they are working properly and tested as required by the equipment manufacturers.
(iv) Documentation of the last two impressed current cathodic protection system inspection checks for each 60 day test period (§ 245.432 (relating to operation and maintenance including corrosion protection)).
(v) The last cathodic protection survey, done at 3 year intervals, on impressed current and galvanic cathodic protection systems in accordance with (§ 245.432).
[(v)] (vi) * * *
[(vi)] (vii) A properly completed closure report required under [(] § 245.452(f) [)].
[(3) Availability of records. Owners and operators shall keep the records required at one of the following:
(i) At the underground storage tank site and immediately available for inspection by the Department and certified inspectors.
(ii) At a readily available alternative site and be provided for inspection to the Department upon request.]
RELEASE DETECTION § 245.441. General requirements for underground storage tank systems.
* * * * * (c) Owners and operators of underground storage tank systems shall comply with the release detection requirements of this [subpart by December 22 of the year listed in the following table:] subchapter.
[SCHEDULE FOR PHASE-IN RELASE DETECTION
Year When Release Detection is Required
(by December 22 of the year indicated)Year System Was Installed 1989 1990 1991 1992 1993 Before 1965 or date unknown RD P 1965-69 P/RD 1970-74 P RD 1975-79 P RD 1980-88 P RD New tanks (after December 22, 1988) immediately upon installation.
P = Shall begin release detection for all pressurized piping in accordance with § 245.442(2)(i) (relating to requirements for petroleum underground storage tank systems).
RD = Shall begin release detection for tanks and suction piping in accordance with §§ 245.442(1), (2)(ii) and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).]
(d) An existing tank system that cannot apply a method of release detection that complies with [the requirements of] this subchapter [shall] must immediately complete the closure procedures in §§ 245.451--245.455 (relating to out-of-service underground storage tank systems and closure) [by the date on which release detection is required for that underground storage tank system under subsection (c)].
(e) For existing tank systems equipped with double-walled piping that routinely contains regulated substance, and containment sumps at the piping junctures and dispensers, the containment sumps, dispenser pan sumps and piping interstices of these systems shall be monitored monthly when practicable and monthly records maintained for the last 12 months of monitoring.
§ 245.442. Requirements for petroleum underground storage tank systems.
(a) Owners and operators of underground storage tank systems installed after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) shall perform interstitial monitoring, at least once every 30 days, in accordance with § 245.444(7) (relating to methods of release detection for tanks) of both the tank and underground piping that routinely contains a product (regulated substance). In addition, pressurized piping for these systems must be equipped and operated with an automatic line leak detector with an automatic pump shut off device in accordance with § 245.445(1) (relating to methods of release detection for piping).
(b) Owners and operators of petroleum under- ground storage tank systems installed on or before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) shall provide release detection for tanks and piping as follows:
(1) Tanks. Tanks shall be monitored at least every 30 days for releases using one of the methods listed in § 245.444(4)--(9) [(relating to methods of release detection for tanks)] except that:
(i) Underground storage tank systems that meet the performance standards in § 245.421 [or § 245.422] (relating to performance standards for [new] underground storage tank systems[; and upgrading of existing underground storage tank systems]), [and the] may use monthly inventory control requirements in § 245.444(1) or (2), [may use] and tank tightness testing (conducted in accordance with § 245.444(3)) [at least every 5 years until December 22, 1998, or] until 10 years after the tank [is] was first installed or upgraded under § 245.422(b), [whichever is later] but not later than December 22, 2008.
(ii) Underground storage tank systems [that do not meet the performance standards in § 245.421 or § 245.422 may use monthly inventory controls (conducted in accordance with § 245.444(1) or (2)) and annual tank tightness testing (conducted in accordance with § 245.444(3)) until December 22, 1998, when the tank shall be upgraded under § 245.422 or permanently closed under § 245.452 (relating to permanent closure and changes-in-service)] with a capacity of 1,001 to 2,000 gallons may use manual tank gauging, conducted in accordance with § 245.444(2) and a tank tightness test at least every 5 years until ______ (Editor's Note: The blank refers to a date 10 years from the effective date of adoption of this proposal.).
(iii) Tanks with a capacity of 550 gallons or less may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.
(iv) Tanks with a capacity of 551 to 1,000 gallons using the longer test times specified may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.
(v) Tank systems must meet the upgrade requirements of § 245.422(e) as appropriate.
* * * * * § 245.444. Methods of release detection for tanks.
Each method of release detection for tanks used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
* * * * * (3) Tank tightness testing. Tank tightness testing, or another test of equivalent performance, [shall] must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. When an appropriate automatic tank gauge is used to meet this requirement, the tank must be filled to the overfill set point.
(4) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control [shall] must meet one of the following requirements:
* * * * * (ii) For tank gauges installed prior to December 22, 1990, that do not meet the requirements of subparagraph (i), inventory control, or another test of equivalent performance, shall also be conducted in accordance with paragraph (1). Tank gauges shall be replaced or be certified by ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal.).
(5) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone [shall] must meet the following requirements:
* * * * * (vi) In the underground storage tank excavation zone, the site is evaluated by a professional geologist to ensure compliance with [the requirements in] subparagraphs (i)--(iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation shall be maintained at the facility for the duration of the leak detection method.
* * * * * (6) Groundwater monitoring. Testing or monitoring for liquids on the groundwater [shall] must meet the following requirements:
* * * * * (vii) Within and immediately below the underground storage tank system excavation zone, the site is evaluated by a professional geologist to ensure compliance with subparagraphs (i)--(v) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation shall be maintained at the facility for the duration of the leak detection method.
* * * * * § 245.445. Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by [restricting or] automatically shutting off the flow of regulated substances through piping [or triggering an audible or visual alarm] may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector shall be conducted in accordance with the manufacturer's requirements. Systems installed after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) must meet this requirement at installation. Systems installed on or before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) that do not meet this requirement must upgrade to line leak detectors with an automatic pump shut-off device within the time frame specified in § 245.422(e) (relating to upgrading of existing underground storage tank systems).
* * * * *
OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE § 245.451. Temporary closure (out-of-service).
(a) When an underground storage tank system is temporarily closed[, owners] (out-of-service), the owner shall complete and submit an amended registration form to the Department within 30 days in accordance with § 245.41 (tank registration requirements).
(b) Owners and operators shall continue operation and maintenance of corrosion protection in accordance with § 245.432 (relating to operation and maintenance including corrosion protection)[, and release detection in accordance with §§ 245.441--245.446 (relating to release detection). Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed] while the tank system is temporarily out-of-service. Records shall continue to be kept in accordance with § 245.435 (relating to recordkeeping).
(c) Owners and operators shall immediately empty a tank being placed temporarily out-of-service. Removed contents shall be reused, treated or disposed of in accordance with State and Federal requirements. Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system. Owners and operators shall maintain release detection records in accordance with § 245.446(2) (relating to release detection recordkeeping) for the most recent 12 month period of active operation.
(d) Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed.
(e) Inspection requirements shall be maintained as specified in § 245.411 (relating to inspection frequency).
[(b)] (f) * * *
* * * * * [(c)] (g) When an underground storage tank system is temporarily closed for more than 12 months, owners and operators shall [permanently]:
(1) Permanently close the underground storage tank system if it does not meet either performance standards in § 245.421 (relating to performance standards for new underground storage tank systems) for new underground storage tank systems or the upgrading requirements in § 245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met.
(2) Owners and operators shall permanently close the substandard underground storage tank systems at the end of this 12 month period in accordance with §§ 245.452--245.455, unless the Department provides an extension of the 12-month temporary closure period.
(3) Owners and operators shall complete a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.
(h) Underground storage tank systems that meet performance standards in § 245.421 or the upgrading requirements in § 245.422 shall be permanently closed within 3 years of being placed temporarily out-of-service unless the Department grants an extension to this temporary closure period.
Subchapter F. TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES
GENERAL § 245.503. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner/operator of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter.
* * * * * (2) A written application for a variance shall be submitted to the Department and provide the following information:
* * * * * (iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.
* * * * * (3) New technologies may be granted a variance. New technologies shall be reviewed and appropriately documented by a professional engineer and documentation provided to the Department with the variance request.
(4) The Department will not grant a variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 37 Pa. Code Part I, Subpart B (relating to flammable and combustible liquids) and 40 CFR Part 112 (relating to oil pollution prevention).
[(4)] (5) * * *
[(5)] (6) * * *
§ 245.504. Referenced organizations.
(a) Nationally recognized associations which are referenced throughout this subchapter are as follows:
* * * * * (7) [National Association of Corrosion Engineers] NACE International--The Corrosion Society (NACE).
* * * * * (10) [Steel Structures Painting Council] SSPC--The Society for Protective Coatings (SSPC).
* * * * * (c) When Nationally recognized codes and standards or manufacturer's specifications are updated, facilities or storage tank systems installed to previously existing standards prior to the update, will not automatically be required to be upgraded to meet the new standard.
§ 245.505. Applicability.
Existing tanks that became regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) (See definition of ''regulated substance'' (i)(C)(I)--(III)), and the regulation of aboveground tanks greater than 30,000 gallons capacity, storing heating oil that is consumed on the premises (See definition of ''consumptive use'' in § 245.1) are subject to the requirements of this subsection and shall be registered with the Department by ______ (Editor's Note: The blank refers to a date 60 days after the effective date of adoption of this proposal.). In addition, these tanks are temporarily excluded from the following requirements:
(1) Monitoring requirements in § 245.541(c) (relating to overfill prevention requirements) until ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.).
(2) In-service inspection requirements in § 245.552 (relating to in-service inspections) until within 5 years of the date of construction or the date of the last inspection or by ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.) whichever is greater.
(3) Out-of-service inspection requirements in § 245.553 (relating to out-of-service inspections) until ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.) for tanks not previously inspected or 10 years after construction for tanks without known corrosion rates, whichever is greater, or within projected inspection intervals based on corrosion rates determined at the last out-of-service inspection, but not to exceed 20 years from the date of the last inspection.
OPERATIONS AND MAINTENANCE § 245.514. Security.
An owner/operator is responsible to assure that appropriate security measures and procedures based on the facility location are established and implemented to protect the environment and the public. These security measures and procedures may include, but are not limited to, monitoring, fencing, lighting, access control, locked entrances and securing of valves and dispensers.
DESIGN, CONSTRUCTION AND INSTALLATION § 245.522. New aboveground tank installations and reconstructions.
(a) Tanks [shall] must be designed and constructed in accordance with an appropriate current code of practice developed by Nationally recognized associations such as UL, ACI, API, ASME, ASTM, STI or NACE and will follow applicable engineering specifications.
* * * * * (d) Reconstruction of tanks [shall] must follow the current codes of practice developed by Nationally recognized associations and be accomplished in accordance with sound engineering practices. Reconstructed tanks [shall] must be inspected and hydrostatically tested before being placed into service. Reconstructed tanks [shall] must meet or exceed requirements specified in § 245.521 (relating to performance standards for aboveground storage tanks). Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
* * * * * (f) 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 following requirements shall be met when an owner or operator chooses to install an aboveground storage tank in an underground vault.
* * * * * (11) Underground piping distribution systems for each tank system used to dispense class I or class II motor fuels for resale must be provided with release detection equivalent to underground piping release detection addressed in § 245.445 (relating to methods of release detection for piping) and be appropriately monitored.
§ 245.524. Aboveground tank modifications.
(a) Modifications shall be designed and implemented in accordance with current codes of practice developed by Nationally recognized associations such as API, ACI, ASME, ASTM, NACE, STI or UL.
* * * * * (d) The Department may require the tank owner to submit documentation of construction modification design criteria and engineering specifications for review.
CORROSION AND DETERIORATION PREVENTION § 245.534. Interior linings and coatings.
* * * * * (c) Interior linings or coatings shall be inspected by a third-party, Department-certified, aboveground storage tank inspector at installation, when undergoing a major modification and at least every 10 years or as warranted or recommended by the manufacturer or design engineer.
RELEASE PREVENTION AND LEAK DETECTION § 245.541. Overfill prevention requirements.
(a) [Owner/operators] An owner/operator shall ensure that releases from overfills do not occur. Transfer of stored substance may not exceed the volume available in the receiving tank and the transfer shall be adequately monitored. Immediate action shall be taken to stop the flow of regulated substance prior to exceeding tank capacity or in the event that an equipment failure occurs.
(b) Tanks [installed after October 11, 1997, shall] must be installed with the following:
* * * * * (2) A high-level alarm [and] with an automatic high-level cut-off device or a high-level alarm [and] with a manned operator shutdown procedure in operation.
* * * * * (d) An existing tank system which is taken out of service to perform a scheduled out-of-service inspection or a major modification to the tank shall be upgraded with a high-level alarm [and] with a cut-off device or a high-level alarm [and] with a manned operator shutdown procedure prior to being put back in service.
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