[36 Pa.B. 1851]
[Continued from previous Web Page] (e) An existing tank system which has not been required to be taken out of service to perform a scheduled inspection or modification shall be upgraded with a high-level alarm with a cut-off device or a high-level alarm with a manned operator shutdown procedure by ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.).
§ 245.542. Containment requirements for above- ground storage tank systems.
* * * * * (c) Secondary containment under the tank bottom and around underground piping [shall] must be designed to direct any release to a monitoring point to meet leak detection requirements. Secondary containment shall be provided on a new tank at installation, and shall be provided on an existing tank at reconstruction or relocation of the tank or when the tank floor is replaced. Permeability of the secondary containment [shall] must be less than [1 × 10-7] 1 × 10-7 cm/sec at anticipated hydrostatic head and be verified at the time of installation.
(d) Aboveground tanks [shall] must have emergency containment structures, such as dike fields, curbing and containment collection systems, which contain releases from overfills, leaks and spills, when a new tank system is installed or at the next out-of-service inspection for existing tank systems as established in § 245.553 (d) (relating to out-of-service inspections) or by ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.), whichever occurs first.
(1) Permeability of [new] newly installed or replacement emergency containment structures [installed after October 11, 1997, shall] must be less than 1 x 10-6 cm/sec at anticipated hydrostatic head and be of sufficient thickness to prevent the released substance from penetrating the containment structure for a minimum of 72 hours, and until the release can be detected and recovered.
(2) Emergency containment structures for existing aboveground storage tanks shall meet one of the following standards by ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.) or at the next out-of-service inspection, prior to the tank being placed back into service, whichever occurs first.
* * * * * (ii) Verification by a professional engineer that the emergency containment structure, coupled with the tank monitoring program and response plan is capable of detecting and recovering a release and is designed to prevent contamination of the waters of this Commonwealth. Verification shall be conducted in a manner consistent with the Department's technical document entitled ''Verification of Emergency Containment Structures for Aboveground Storage Tanks'' and should include determination of the containment structure permeability.
(3) Verification of the containment structure is valid until conditions at the site, monitoring program, response plan or procedures change.
(4) All transfers of regulated substances to a tank within the emergency containment shall be monitored by designated personnel for the duration of the transfer.
* * * * * § 245.543. Leak detection requirements.
(a) Aboveground tank systems [installed after October 11, 1997,] shall [provide] be provided a method of leak detection at installation that is capable of detecting a release. The leak detection method shall be monitored at least monthly and shall be installed, calibrated, operated and maintained in accordance with industry practices and manufacturer's specifications.
* * * * * (c) Existing aboveground storage tanks without secondary containment under the bottom of the tank that are in contact with the soil, such as vertical flat bottom tanks, and do not have cathodic protection or an internal lining shall be tested for tightness at the next scheduled service inspection [after October 11, 1997,] consistent with subsection (d) and continue testing for tightness at each service inspection thereafter, until the tank is upgraded.
(d) Tank test for tightness shall be based on a scientific or statistical method and procedure. The test method and procedure shall be third-party certified with a specific leak detection rate or a method and procedure that is recognized by a National association, such as API Publication 334 Guide to Leak Detection in Aboveground Storage Tanks. The test shall be performed by a third-party expert qualified in the test procedure and not an employee of the tank owner.
(e) * * *
ABOVEGROUND STORAGE TANK INSPECTIONS § 245.552. In-service inspections.
(a) The in-service inspection shall follow the guidelines of a Nationally recognized association such as API 653 [and], API 570 and applicable engineering criteria.
(b) The in-service inspection shall evaluate the following:
* * * * * (9) Tank system integrity and suitability for service.
(c) Inspection information shall be submitted to the Department on a form provided by the Department and shall include the results of the evaluation in subsection (b) and the following:
* * * * * (3) The next inspection schedule based on the API 653 calculated service life method or 1/4 of the corrosion rate life with a maximum of 5 years. Other site specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity and should be considered when projecting tank service life and the next inspection interval.
* * * * * (e) Inspection recommendations shall be addressed and remedied as appropriate. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and engineering design criteria. The Department may require submission and review of all documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
* * * * * § 245.553. Out-of-service inspections.
(a) Inspections shall follow the guidelines of a Nationally recognized association such as API 653, API 570 or ASME and applicable engineering criteria.
(b) The out-of-service inspection shall evaluate the following:
* * * * * (11) Tank system integrity and suitability for service.
(c) The tank bottom evaluation shall be based on a scientific or statistical procedure encompassing appropriate methods of nondestructive examination. The evaluation must be representative of the whole floor when practicable, excluding removal of liners, heating coils or other appurtenances.
(d) Inspection information shall be submitted to the Department on a form provided by the Department and shall include the results of subsection (b) and the following:
* * * * * (3) The schedule for next out-of-service inspection, based on the API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years between inspections. Other site specific conditions, for example, maintenance practices, previous repairs, internal linings, the nature of the substance stored or soil conditions that may affect corrosion rate life and should be considered when projecting tank service life and the next inspection interval.
* * * * * [(d)] (e) * * *
* * * * * (2) Existing tanks shall be initially inspected as follows:
* * * * * (ii) If corrosion rates can be determined or are known, tanks shall be inspected at their API 653 calculated service life method or 1/2 the corrosion rate life, from installation or previous out-of-service inspection or by October 11, 2000, whichever is later.
(3) Tanks shall have an out-of-service inspection at their API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years from the last out-of-service inspection.
[(e)](f) Deficiencies shall be remedied before the tank is returned to service. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and engineering design criteria. The Department may require submission and review documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
[(f)](g) * * *
[(g)](h) * * *
§ 245.554. Installation and modification inspections.
* * * * * (b) Major modifications shall be inspected by a Department certified inspector at the time of modification under § 245.524 (relating to aboveground tank modifications) and a current codes of practice developed by Nationally recognized associations prior to being put back in service. The inspection report shall be kept for the operational life of the tank. When substantial modifications are made to the tank floor, the next inspection date projections shall be determined based on the condition of the floor subsequent to those modifications and reported to the Department by the certified inspector on the appropriate inspection form provided by the Department. Other site specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity should be considered when projecting tank service life and the next inspection interval.
* * * * *
CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS § 245.561. Permanent closure or change-in-service.
Before permanent closure or change-in-service is completed, the owner/operator shall comply with the following:
* * * * * (3) The [owner/operators] owner/operator shall complete a site assessment to measure for the presence of any release from the storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and shall be conducted in a manner consistent with the Department's technical document entitled ''Closure Requirements for Aboveground Storage Tank Systems'' unless otherwise agreed upon or waived by the Department. The results of the site assessment and the closure report shall be retained for 3 years.
* * * * * (6) Tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or tank systems shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Land Recycling and Waste Management requirements such as Chapters [263] 263a and 299 (relating to [reserved] transporters of hazardous waste; and storage and transportation of residual waste).
* * * * * (8) The [State Fire Marshal] appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.
* * * * *
Subchapter G. SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS
GENERAL § 245.604. Referenced organizations.
(a) Nationally recognized associations which are referenced throughout this subchapter are as follows:
* * * * * (5) [National Association of Corrosion Engineers] NACE International--The Corrosion Society (NACE).
* * * * * (8) [Steel Structures Painting Council] SSPC--The Society for Protective Coatings (SSPC).
* * * * * § 245.605. Applicability.
Existing tanks that become regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) (See ''regulated substance'' (i)(C)(I)--(III)) 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 technical requirements:
(1) Emergency and secondary containment requirements in § 245.612(e) (relating to performance and design standards) until ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.).
(2) A method of leak detection as required in § 245.613(a) (relating to monitoring standards) until ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal.).
(3) In-service inspections required in § 245.616 (c)(3) (relating to inspection requirements) until ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.).
TECHNICAL REQUIREMENTS § 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
(a) Tanks [installed after October 11, 1997,] shall be tested for tightness at installation in accordance with current codes of practice developed by Nationally recognized associations and manufacturer's specifications, except for manufactured, shop built tanks that meet the requirements of subsection (b). The testing shall be completed, as part of the installation process, prior to putting the tank in service.
* * * * * § 245.612. Performance and design standards.
(a) Tanks shall be designed, constructed and installed or modified in accordance with current codes of practice developed by Nationally recognized associations such as API, ASME, ASTM, ANSI, STI and UL and the manufacturer's specifications. Tank handling activities shall be accomplished by a Department certified aboveground storage tank installer or under the installer's direct, onsite supervision and control.
* * * * * (d) Tanks [installed after October 11, 1997,] shall be installed with secondary containment in or under the tank bottom to provide monitoring capability to satisfy leak detection requirements in § 245.613 (relating to monitoring standards) and emergency containment to contain possible releases, such as overfills, leaks and spills. Emergency containment shall be sufficiently impermeable to contain any potential release for a minimum of 72 hours and until the release can be detected and fully recovered in an expeditious manner. Double walled tanks may meet both emergency and secondary containment requirements when the tank system is operated with spill and overfill protection controls, including, but not limited to, the following:
(1) A spill containment bucket at the tank fill point or containment at the remote fill point.
(2) An overfill alarm and automatic cutoff device or shut down procedure.
(3) Block valves on product lines.
(4) Solenoid valve or anti-siphon device, if appropriate.
* * * * * § 245.614. Requirements for closure.
(a) Tank systems shall be cleaned, rendered free from hazardous vapors and ventilated if left onsite or shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of [Land Recycling and] Waste Management requirements such as Chapters [263] 263a and 299 (relating to [reserved] transporters of hazardous waste; and storage and transportation of residual waste). Piping shall be removed or capped and fill ports shall be secured, capped or dismantled.
* * * * * § 245.616. Inspection requirements.
(a) Required inspections of small aboveground storage tanks shall be conducted by Department certified aboveground storage tank inspectors according to a current Nationally recognized association's code of practice such as API [and], STI or ASME [and] or according to manufacturer's specifications and applicable engineering criteria. Deficiencies noted during the inspection shall be addressed and remedied as appropriate. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and applicable engineering design criteria. The Department may require submission and review of documentation relating to these remedies. The associated tank handling activities are reported to the Department by a certified installer.
(b) [After October 11, 1997, small] Small aboveground field constructed storage tanks shall be inspected at installation, reconstruction or relocation and when a major modification activity is performed on the tank shell or the tank bottom plates.
(c) The owner/operator of small aboveground storage tanks storing regulated substances with a capacity greater than 5,000 gallons and owner/operator of small aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted every 10 years or [at 1/4 of the] more often when corrosion [rate life with a maximum of 10 years between inspections], deterioration or other specific conditions necessitate. Other specific conditions may include, but are not limited to, maintenance practices, previous repairs, the nature of the substance stored and coatings or linings that should be considered when projecting tank service life and the next inspection interval. Internally lined tanks and flat bottom tanks without an interstice or external access to the tank bottom may require further evaluation or internal examination. Inspections shall be phased in for tanks without a previous inspection as follows:
* * * * * (d) In-service inspections shall evaluate the following:
* * * * * (9) Tank system integrity and suitability for service.
Subchapter H. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND FACILITIES § 245.704. General requirements.
* * * * * (b) An owner or operator of an underground storage tank shall have sufficient financial resources available to continuously meet the USTIF deductibles for both corrective action and third party liability as determined in accordance with § 245.707 (relating to coverage amounts for financial responsibility). The deductible coverage must be in a method approved under section 701(b) of the act (35 P. S. § 6021.701(b)) including a guarantee, surety bond, qualification as a self-insurer, insurance or risk retention coverage, letter of credit, indemnity contract, trust fund, standby trust fund or other method approved by the Department.
(c) [Upon request of the Department, an owner or operator of an underground storage tank shall submit a written certification or provide other written evidence] The owner or operator shall have written documentation of the USTIF deductible coverage readily available and provide this documentation to the Department upon request to demonstrate that the owner or operator has sufficient financial resources to meet the USTIF deductible for both corrective action and third party liability as determined in accordance with § 245.707. [The certification shall be made on a form provided by the Department.]
§ 245.707. Coverage amounts for financial responsibility.
The owner or operator of an underground storage tank, other than an exempt underground storage tank, shall comply with the financial responsibility requirements of this subchapter by maintaining sufficient financial resources to provide the coverage for both corrective action and third party liability, in the amounts set forth in paragraphs (1) and (2) for the applicable number of tanks:
* * * * * (2) For third party liability:
Number of tanks Amount of required coverage 1--100 1 × USTIF deductible over [101] 100 2 × USTIF deductible
[Pa.B. Doc. No. 06-656. Filed for public inspection April 21, 2006, 9:00 a.m.]
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