[37 Pa.B. 5979]
[Saturday, November 10, 2007]
[Continued from previous Web Page] Paperwork Requirements
Generally, there are very few new paperwork requirements established by this rulemaking. The paperwork requirements addressed with the new registration provisions in Subchapter A follow current processes established by policy and ongoing routine procedures under the act. By further clarifying in Subchapter C that the new storage tank registration provisions and application form will also serve as the tank operating permit application form, the final-form rulemaking avoids two separate applications. Additionally, the amendments to the site-specific installation permit process in Subchapter C for replacement tanks, tanks located on the footprint of previous tanks and new small ASTs at facilities with an aggregate capacity greater than 21,000 gallons, include a shortened application and less paperwork.
The amendments to the certification regulations in Subchapter B attempt to recognize current and ongoing industry training in certification qualifications for all installer and inspector certification categories. Most certified companies already maintain records on their employees training and will welcome recognition of the training for certification. The amendments also shorten the time frame for submission of applications for approval of training providers and will allow the Department to recognize industry training without the submission of an application. For example, the Department will readily recognize training provided by equipment manufacturers and National associations or organizations such as the American Petroleum Institute, the Steel Tank Institute and the Petroleum Equipment Institute.
The UST provisions in Subchapter E contain some new recordkeeping requirements and further clarification of current requirements. However, most of these changes are necessary to demonstrate operational compliance with current regulations and Federal requirements in 40 CFR Part 280, and represent National association and manufacturer's recommendations for installation or operation of UST systems and ancillary equipment.
Finally, there are provisions in Subchapters C, F and G that indicate the Department may request or require the tank owner to submit documentation of construction design criteria and engineering specifications for review. The provisions are addressed in the context of mitigating certain conditions at the storage tank site or correcting inspection findings or deficiencies on AST systems. Tank owners should already be consulting with tank manufacturers, certified companies and design engineers on these issues. The Department anticipates its use of these provisions will be very limited.
G. Pollution Prevention
Generally speaking, the term ''pollution prevention'' refers to the minimization of waste generated in a commercial process by altering that process. The storage tank program has a slightly different approach. The goal is to keep regulated substances from being released in the first instance. The programs set out in this rulemaking package and in the current regulations are designed to halt the release and spread of regulated substances from storage tanks located in this Commonwealth. They create a program similar to the cradle-to-grave process with the goal of making sure that the storage tank is installed, maintained, operated, closed and removed in a manner that will minimize the likelihood of a release occurring. If a release does occur, these amendments and regulations that currently exist in Chapter 245 are designed to detect the release quickly, contain it if possible, and make sure that corrective action is carried out expeditiously, minimizing exposure to the public and the environment.
In this final rulemaking, the Department is attempting to reach or improve upon these goals through a combination of performance standards, with built-in flexibility (including the possibility of a variance) as to how the regulated community achieves the goals, and reliance on industry standards, and trained industry professionals. By taking this approach, the Department hopes to reduce pollution, lower the number of corrective actions that must eventually be performed, decrease the amounts of contaminated soil and groundwater that must be dealt with, and do so in a manner that is flexible, reasonable and cost effective.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 7, 2006, the Department submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 1851 (April 22, 2006) to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 19, 2007, this final-form rulemaking was deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 20, 2007, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968, P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 36 Pa.B. 1851 (April 22, 2006).
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
L. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 245, is amended by amending §§ 245.1, 245.21, 245.31, 245.102, 245.104--245.106, 245.108--245.114, 245.121--245.125, 245.132, 245.141, 254.203, 245.222, 245.231, 245.232, 245.234, 245.235, 245.311, 245.403--245.405, 245.411, 245.421--245.423, 245.425, 245.432, 245.434, 245.435, 245.441, 245.442, 245.444, 245.445, 245.451, 245.453, 245.503--245.505, 245.514, 245.522--245.524, 245.534, 245.541--245.543, 245.552--245.554, 245.561, 245.562, 245.604, 245.611, 245.612, 245.614, 245.616, 245.704 and 245.707; by adding §§ 245.41--245.43, 245.142 and 245.605; and by deleting § 245.103 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to the IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication.
KATHLEEN A. MCGINTY,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 37 Pa.B. 5447 (October 6, 2007).)
Fiscal Note: Fiscal Note 7-395 remains valid for the final adoption of the subject regulation.
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 and tanks being constructed or installed for regulated use. The term does not include the following, or pipes connected thereto:
* * * * * Air Pollution Control Act--The Air Pollution Control Act (35 P. S. §§ 4001--4015).
* * * * * Certification categories--
(i) 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.
(ii) The term includes category specific certifications in one or more of the following:
(A) Storage tank inspector certification categories:
(I) IAF--Inspection of aboveground field constructed and aboveground manufactured storage tank systems and facilities.
(II) IAM--Inspection of aboveground manufactured storage tank systems and facilities.
(III) IUM--Inspection of underground storage tank systems and facilities.
(B) Storage tank installer certification categories:
(I) ACVL--Aboveground storage tank system civil installation and modification.
(II) AFMX--Aboveground field constructed metallic storage tank installation, modification and removal, and aboveground manufactured metallic storage tank modification.
(III) AFR--Aboveground field constructed storage tank system removal.
(IV) AMEX--Aboveground storage tank system mechanical installation, modification and removal.
(V) AMMX--Aboveground manufactured metallic storage tank system installation and modification.
(VI) AMNX--Aboveground nonmetallic storage tank system installation and modification.
(VII) AMR--Aboveground manufactured storage tank system removal.
(VIII) TL--Storage tank liner installation and modification, and underground storage tank liner evaluation.
(IX) UMX--Underground storage tank system installation and modification.
(X) UTT--Underground storage tank system tightness tester.
(XI) UMR--Underground storage tank system removal.
Certified company--An entity, including, but not limited to, a sole proprietorship, a partnership or a corporation, which is certified by the Department and employs certified installers or certified inspectors to conduct tank handling activities, tightness testing activities or inspection activities.
* * * * * 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. § 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 facility--A storage tank facility which did not exist prior to August 5, 1989.
Noncommercial purposes--The term means, with respect to motor fuel, motor fuel not for resale.
Nontank handling project activities--Activities performed by a certified individual, certified company or employee of a certified company on a project that may not be tank handling activities, but are part of the certified individual's or 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.
(i) The term includes 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 reinject substances from the pipeline back into the pipeline.
(ii) The term does not include tanks which dispense substances to vehicles, railcars, barge or tanker truck transports or tanks at complex facilities which serve 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 CERCLA, 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, petroleum mixed with ethanol, 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 biodiesel; 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. The requirements in this chapter for petroleum tanks in clause (B) apply for this group of substances.
(II) Pure ethanol intended for blending with motor fuel. The requirements in this chapter for petroleum tanks in clause (B) apply.
* * * * * Tightness testing activities--Testing activities which are designed and intended to detect leaks when performing precision tests, volumetric and nonvolumetric tests on underground storage 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 includes tanks being constructed or installed for regulated use. 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.
(b) Tank handling activities conducted on all field constructed storage tanks and tank handling activities conducted on all aboveground storage tanks having a capacity greater than 21,000 gallons shall be inspected by a certified inspector, except in the case of a minor modification or removal from service.
(c) The operation of storage tank facilities shall be inspected by a certified inspector. The frequency of inspection shall be based on:
(1) The age of the storage tank systems located at the storage tank facility.
(2) The type of regulated substances contained in the storage tank systems located at the storage tank facility.
(3) The distance of the storage tank facility from public and private surface water and groundwater supplies.
(4) The total capacity of the storage tank systems located at the storage tank facility.
(5) The geologic conditions at the storage tank facility.
(6) Whether the storage tank facility, owner or operator has violated the act or the regulations promulgated thereunder.
(7) Whether the storage tank facility has storage tank systems which are periodically taken out of service.
(8) Whether there is suspected contamination at the storage tank facility.
(9) The level of quality control maintained at the storage tank facility.
(d) Storage tank facilities shall also be inspected upon written notification from the Department or as required by permit.
TIGHTNESS TESTING ACTIVITIES § 245.31. Underground storage tank tightness testing requirements.
(a) Tightness testing activities shall be conducted by a Department-certified underground storage tank system tightness tester (UTT), except when performed by an owner or operator using installed automatic tank gauging or monitoring equipment meeting requirements of § 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(b)(1), 245.443(1), 245.444(3) and 245.445(2).
* * * * * (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) or § 245.445(2) (relating to methods of release detection for piping), 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 storage tank system tightness testers (UTT) 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).
(g) Tightness testing of the underground storage tank system's piping shall be conducted by a Department-certified underground storage tank system tightness tester (UTT) after November 10, 2008.
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 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 must 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, including regulated substance or substances that will be stored in each tank.
(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 (when required).
(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. The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported on the registration form in temporary closure or temporary removal from service (out-of-service) status. 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 require 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 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 or substances 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 to store a nonregulated substance or change to nonregulated use (such as a process vessel) 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 may 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 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). Installer certification will only be issued by the Department to a person who:
(1) Possesses minimum experience and qualifications as provided under § 245.111 (relating to certified installer experience and qualifications).
(2) Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified installer categories described in § 245.110 for which the person is requesting certification.
(3) Submits an accurate and complete application.
(4) Is not found to be in violation of the act or this chapter, 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. Inspector certification will only be issued by the Department to a person who:
(1) Possesses minimum experience and qualifications as provided under § 245.113 (relating to certified installer experience and qualifications).
(2) Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified inspector categories described in § 245.112 for which the person is requesting certification.
(3) Submits an accurate and complete application.
(4) Is not found to be in violation of the act or this chapter, or has not had a certification revoked by the Department under § 245.109.
(c) Certified installers and certified inspectors shall successfully complete additional periodic training and testing administered or approved by the Department to maintain their certification. 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.
(d) After March 23, 1992, a certified installer or certified inspector may not perform tank handling or inspection activities as an employee of a company unless the company holds a valid certification issued by the Department under this chapter.
(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. (Reserved).
§ 245.104. Application for installer or inspector certification.
(a) The applicant shall be a natural person.
(b) An application for installer or inspector certification shall be submitted to the Department on current forms provided by the Department and must contain the following information:
(1) Evidence that the applicant has the certification prerequisites contained in § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).
(2) The applicant's name, address and telephone number.
(3) Other information necessary for a determination of whether the issuance of a certification conforms to the act and this chapter.
(c) An application for certification shall be received by the Department no later than 60 days prior to the announced date of the certification examination.
(d) An application must be complete upon submission.
(e) An applicant meeting the requirements of § 245.102(a)(4) or (b)(4) (relating to requirement for certification) will be granted admission to the certification examinations for which the applicant has requested certification and is qualified.
§ 245.105. Certification examinations.
(a) The Department will establish separate administrative and technical content for the examinations and the standards and criteria against which they will be evaluated to be used in determining the fitness of candidates for certification as certified installers or certified inspectors under the categories established by this chapter.
(b) The Department will schedule a date and location for the examinations for certified installer and certified inspector at least once in each calendar year.
(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 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 80% on each technical section and a minimum score of 80% on the administrative section of the examination.
(e) 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 employee of the tank owner, the tank owner or operator.
(2) A certified installer on the same tank handling activity for which he is a certified inspector.
(3) An employee of a company that employs a certified installer on the same tank handling activity for which he is a certified inspector, when the tank handling activity is performed on a field constructed storage tank. This prohibition extends to a company that owns, or is owned by, the employer, in whole or in part.
(b) A certified inspector who is a certified installer may conduct a tank handling activity to correct a deficiency identified by the same certified individual or company during an inspection of the operation of a storage tank facility. Notwithstanding this exception, subsection (a)(2) still prohibits a certified inspector from subsequently inspecting a tank handling activity which the certified inspector conducted to correct a deficiency noted in an inspection of the operation of a storage tank facility.
§ 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 chapter.
(2) Incompetency on the part of the certified installer or certified inspector as evidenced by errors in conducting duties and activities for which the certification in question was issued.
(3) Failure to successfully complete a training program required by the Department.
(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 chapter.
(iii) Submit reports of inspection activities to the Department within 60 days of conducting the inspection activities.
(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 or this chapter.
(ii) Conduct tank handling activities in accordance with the requirements of the act or this chapter.
(iii) Submit tank handling reports and activities to the Department within 30 days of conducting the tank handling activities. For tank handling activities involving multiple certified individuals and certification categories, the tank handling report shall be submitted within 30 days of the completion of all project tank handling and inspection activities.
(6) Working as a certified installer or certified inspector in a certification category for which the person has failed to obtain certification.
(7) Failure to meet one or more of the standards for performance in § 245.132 (relating to standards of performance).
(8) Submission of false information to the Department.
(9) A violation of The Clean Streams Law, the 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:
(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs as a result of the certified individual conducting activities related to the installation, modification, removal or inspection of storage tank systems.
(10) Failure to perform underground tightness testing activities and documentation in accordance with § 245.31 (relating to underground storage tank tightness testing requirements).
(b) The suspension of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.
(c) The Department may require that the person successfully complete a special training program sponsored or approved by the Department designed to strengthen the specific weakness in the certified installer's or certified inspector's duties, as required under the act or this part identified in the suspension order. 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.
(d) A certified installer or certified inspector shall surrender certification documents to the Department upon notification of suspension.
(e) The Department may reinstate the certification if:
(1) The cause for the suspension has been removed.
(2) The person is competent to execute duties and responsibilities for which certification was issued.
§ 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 this chapter.
(2) Willfully submitted false information to the Department.
(3) Committed an act requiring suspension under § 245.108 (relating to suspension of certification) after having certification suspended previously.
(b) The revocation of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.
(c) A certified installer or certified inspector shall surrender certification documents to the Department upon notification of revocation.
§ 245.110. Certification of installers.
(a) An installer certification authorizes the person to whom it is issued to conduct tank handling activities or tightness testing activities pertaining to storage tank systems or storage tank facilities in one or more of the categories in subsection (b).
(b) Installer certifications may be issued for the following categories:
(1) Underground storage tank system-installation and modification {UMX}. Installation and modification of underground storage tanks and storage tank systems including, but not limited to, the tank and all associated ancillary equipment, appurtenances, corrosion protection systems, structural components and foundations. This category also includes conducting preinstallation air pressure tests for underground storage tank systems.
(2) Underground storage tank-removal {UMR}. Removal from service of underground storage tank systems or storage tank facilities.
(3) Underground storage tank system-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.
(4) Aboveground manufactured metallic storage tank-installation and modification {AMMX}. Installation and modification of aboveground manufactured metallic storage tank systems, including, but not limited to, the tank and all associated ancillary equipment, appurtenances and corrosion protection systems. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or when installing small aboveground UL-labeled tanks with manufacturer's installed self-containment or diking systems.
(5) Aboveground nonmetallic storage tank-installation and modification {AMNX}. Installation and modification of aboveground nonmetallic storage tanks or storage tank systems, including, but not limited to, the tank and all associated ancillary equipment and appurtenances. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or as specified by the tank manufacturer.
(6) Aboveground manufactured storage tank-removal {AMR}. Removal from service of aboveground 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) 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) Aboveground storage tank mechanical-installation, modification and removal {AMEX}. Installation, modification and removal of tank related mechanical appurtenances, including, but not limited to, valves, fill piping, suction piping, foam system piping, pumps, corrosion protection systems, release detection systems, and spill and overfill prevention systems that are components of an aboveground storage tank system or storage tank facility.
(10) Aboveground storage tank-civil {ACVL}. Installation and modification of tank related structural components, including, but not limited to, foundations, dike walls, field grading, above and below grade vaults, pump supports, pipe supports, corrosion protection systems and drainage systems associated with an aboveground storage tank system or storage tank facility.
(11) Storage tank-liner {TL}. Activities involved in 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 systems).
§ 245.111. Certified installer experience and qualifications.
(a) An applicant shall meet the following minimum experience, education, training or certification requirements and have completed the required number of activities in the appropriate category for an initial installer category certification:
Category Experience, Education, Training or Certification Total Number of Activities Completed UMX 2 years, or college degree and 1 year Technical training 9 installations UMR 2 years, or college degree and 1 year Technical training 6 removals UTT Department-approved training with testing equipment manufacturer's certification None AMMX 2 years, or college degree and 1 year Technical training 9 installations or
UMX certification Technical training
Noneor
AFMX certification
NoneAMNX 2 years, or college degree and 1 year Technical training
or
AMMX certification9 which may be installations or major modifications
6 AST installationsAMR 2 years, or college degree and 1 year Technical training 6 removals or
UMR certification
Noneor
AFR certification
NoneAFMX 3 years, or college degree and 2 years Technical training 12 which may be installations or major modifications AFR 2 years, or college degree and 1 year Technical training 6 removals AMEX 3 years, or college degree and 2 years Technical training 12 installations or modifications (at least 6 installations) ACVL 3 years, or college degree and 2 years Technical training 12 installations or modifications (at least 6 installations) TL 2 years/
Manufacturer's certification9 tank linings (b) The total number of activities completed required by subsection (a) shall have been completed within the 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.
(c) A college degree being substituted for experience shall be in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering or geotechnical engineering.
(d) The total experience requirement for underground storage tank-tightness tester {UTT} shall be demonstrated through the submission of proof of successful completion of a training program sponsored or approved by the Department and possession of a current equipment manufacturer's certification for a specific method of testing. The Department's UTT certification is limited to the specific method of testing included in the equipment manufacturer's certification. 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 course.
(e) Except for UTT, the total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.
(f) In the category for aboveground field constructed metallic storage tank {AFMX}, for installation or reconstruction activities involving tanks greater than 90 feet in diameter, each activity shall count as two installations for purposes of meeting the total number of activities requirement.
(g) The technical training required by subsection (a) shall be completed during the experience interval and shall be demonstrated through the submission of proof of successful completion of a category-specific training course approved by the Department in accordance with § 245.141. Successful completion means attendance at all sessions of the training and attainment of the minimum passing grade for the approved course. The requirement for category-specific technical training is effective November 10, 2008.
(h) The applicant shall certify completion of 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.
(a) An inspector certification authorizes the person to whom it is issued to conduct inspection activities for storage tank systems and storage tank facilities in one or more of the categories in subsection (b).
(b) Inspector certifications may be issued for the following categories:
(1) IUM underground storage tank systems and storage tank facilities.
(2) IAM aboveground manufactured storage tank systems and storage tank facilities.
(3) IAF aboveground field constructed and aboveground manufactured storage tank systems and storage tank facilities.
§ 245.113. Certified inspector experience and qualifications.
(a) An applicant shall meet the following minimum experience, education, training or certification requirements, and have completed the required number of activities in the appropriate category for an initial inspector category certification:
Category Experience, Education, Training or Certification Total Number of Activities Completed IUM 4 years, or college degree and 2 years Department-approved tank tightness testing familiarization course or UTT certification None UMX certification Corrosion protection training IAM 4 years, or college degree and 2 years
API 653 certification
orNone STI inspector certification
orDepartment-approved aboveground tank inspector certification IAF 4 years, or college degree and 2 years
API 653 certification
or
Department-approved aboveground tank inspector certification12 integrity or construction inspections (b) The total number of activities completed required by subsection (a) shall have been completed within the 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.
(c) A college degree being substituted for experience shall be in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, hydrology, geology or environmental studies.
(d) The total number of activities completed required by subsection (a) may be met through the conducting of 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.
(e) The total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.
(f) When conducting an aboveground storage tank structural integrity inspection on an aboveground field constructed metallic storage tank, the Department certified inspector shall also possess API Standard 653 (Tank Inspection, Repair, Alteration and Reconstruction Certification).
(g) The applicant shall certify completion of 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-provided 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) Certification categories renewed after January 9, 2008, will have a uniform expiration date of 3 years from the issuance date of the first category after January 9, 2008.
(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 November 10, 2009) UMR Examination or Technical training
Administrative
training6 removals UMX Examination or Technical training
Administrative
training9 installations or major modifications UTT Testing equipment manufacturer's certification
Administrative
trainingNone AMMX Examination or Technical training
Administrative
training9 installations or major modifications AMNX Examination or Technical training
Administrative
training9 installations or major modifications AFMX Examination or Technical training
Administrative
training12 installations or major modifications AFR Examination or Technical training
Administrative
training6 removals AMR 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
training9 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 trainingIAF 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 November 10, 2009.
(f) Technical and administrative training shall be obtained within 2 years prior to application submission.
(1) Administrative training will be provided by the Department. Administrative training in subsection (c) is required after November 10, 2009.
(2) Technical training is category-specific and must be approved by the Department in accordance with § 245.141 (relating to training approval).
(g) An applicant for renewal shall:
(1) Submit a completed application for renewal to the Department 60 to 120 days prior to the 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; certified inspector experience and qualifications) and the requirements in § 245.105 (relating to certification examinations).
(2) The applicant shall certify completion of 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).
(3) Successfully complete training programs which may be required by the Department. 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 for all sections of all qualifying tests given as part of the training course.
(h) A certified installer or certified inspector shall notify the Department and seek amendment of the certification from the Department whenever:
(1) There is a change in the information provided in the application for the certification. This request shall be made within 14 days from the date of a change in information.
(2) The certified installer or certified inspector wishes to conduct tank handling or inspection activities in installer or inspector certification categories other than those approved by the Department as set forth on the certification.
(3) The certified installer or certified inspector wishes to eliminate installer or inspector certification categories from the certification.
(4) The EQB amends certification categories or qualification requirements and establishes a phase-in period for the new requirements.
(i) Certified installers or certified inspectors required to amend their certifications in accordance with paragraph (1) or (3) shall apply for amendment on a form provided by the Department.
(j) Certified installers or certified inspectors required to amend their certifications in accordance with subsection (h)(2) shall comply with the applicable requirements of this chapter related to application, experience, qualifications and examination.
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