[37 Pa.B. 5979]
[Saturday, November 10, 2007]
[Continued from previous Web Page]
COMPANY CERTIFICATION § 245.121. Certification of companies.
A company may not employ a certified installer or certified inspector to perform tank handling, tightness testing or inspection activities unless the company holds a valid certification issued by the Department under this chapter and the company verifies that the certified installer or certified inspector holds a valid certification issued under this chapter for the appropriate category.
§ 245.122. Applications for company certification.
(a) Applications for certification shall be submitted to the Department on forms provided by the Department and include information that will enable the Department to determine if issuance of the certification conforms to the act and this chapter. The following information shall be included:
(1) The full name, address and telephone number of the company.
(2) The names held by the company within the previous 7 years.
(3) Information on previous certification revocations under §§ 245.109 and 245.124 (relating to revocation of certification; and revocation of company certification) of company officers, the company and the company under a previous or fictitious name.
(4) Identification of industry or government licenses or certifications held by the company and the officers of the company relating to underground or aboveground storage tanks.
(5) The names and certification numbers of all certified installers and certified inspectors employed by the company.
(6) A statement signed by a person authorized to bind the company certifying that the company:
(i) Has obtained a copy of the act and this chapter.
(ii) Will comply with the act and this chapter and will direct the employees, principals and agents of the company to perform tank handling and inspection activities in a manner that is consistent with the act and this chapter.
(7) Other information necessary for a determination whether the issuance of a certification conforms to the requirements of the act and this chapter.
(b) Applications shall be complete upon submission.
(c) The Department may not issue company certification if one or more of the following apply:
(1) The company is found to be in violation of the act or this chapter.
(2) The company certification was previously revoked under § 245.124.
(3) An officer of the company has had their individual certification revoked under § 245.109.
(4) An officer of the company was an officer in a company whose company certification was revoked under § 245.124 at the time the conduct resulting in revocation occurred.
§ 245.123. Suspension of company certification.
(a) The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:
(1) A violation of the act or this chapter by the company or a certified installer or certified inspector employed by the company.
(2) Incompetency on the part of the company as evidenced by errors in executing duties and responsibilities for which the certification was issued.
(3) Failure to meet one or more of the standards of performance in § 245.132 (relating to standards of performance).
(4) A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which results in the following:
(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs while conducting activities related to the installation, modification, removal from service or inspection of storage tank systems.
(5) Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.
(6) Failure to provide oversight of employee certification applications, tank handling and inspection reports.
(7) Submission of false information to the Department or tank owner.
(8) Failure to have a properly certified installer in direct onsite supervision and control of a tank handling activity.
(b) A certified company shall surrender certification documents to the Department upon notification of suspension.
(c) The Department may reinstate the certification if the following apply:
(1) The certified company and certified installers and certified inspectors employed by the certified company are competent to execute the duties and responsibilities for which certification was issued.
(2) The cause for the suspension has been removed.
(d) Suspension of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities during the suspension.
§ 245.124. Revocation of company certification.
(a) The Department may revoke the certification of a certified company for one or more of the following conditions:
(1) A willful disregard for, or willful or repeated violations of the act or this chapter.
(2) The certification of an installer or inspector employed by the company is revoked.
(3) There has been a prior suspension of the certification.
(4) Willfully submitting false information to the Department.
(b) Revocation of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities.
(c) A certified company shall surrender certification documents to the Department upon notification of revocation.
§ 245.125. Renewal and amendment of company certification.
(a) Company certification shall be for 3 years from the date of issuance unless suspended or revoked before that date. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.
(b) A certified company shall notify the Department and file an amendment to its company certification on a form approved by the Department whenever there is a change in the information provided in the application for the certification. This form shall be submitted within 14 days of the date of a change in information.
STANDARDS FOR PERFORMANCE § 245.132. Standards of performance.
(a) Certified companies, certified installers and certified inspectors shall:
(1) Maintain 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. Nationally-recognized organizations are identified in §§ 245.405, 245.504 and 245.604 (relating to codes and standards; and referenced organizations).
(2) Complete and submit to the Department, within 60 days of the inspection activity or 30 days of a tank handling activity, a Department-approved form 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 chapter and accurately describes the conditions of the storage tank system and facility. 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.
(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.
(4) Report to the Department a release of a regulated substance or confirmed or suspected contamination of soil, surface or groundwater from regulated substances observed while performing services as a certified installer or certified inspector. This notification shall be submitted to the Department in writing within 48 hours of observing suspected or confirmed contamination on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, a copy of the test results shall also be provided to the Department with the notification report. When there is a reportable release, the notification may be submitted jointly by the owner, operator, certified installer and certified inspector. In this instance, the written notification report shall be submitted to the Department, at the appropriate regional office, in accordance with § 245.305 (relating to reporting releases).
(5) Perform certified installer or certified inspector activities so that there is no release of regulated substances or contamination of soil, surface or groundwater caused by regulated substances from a storage tank system or storage tank facility.
(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:
(i) The storage tank system project was accomplished by the certified installer or under the installer's direct, onsite supervision and control.
(ii) Inspection activities were conducted on the storage tank system project by the certified inspector, or under the inspector's direct, onsite supervision and control and as required by the act and this chapter and the certified inspector was present at the site during the conducting of inspection activities on the storage tank system project and as required by the act and this chapter.
(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 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.
(a) Providers of training for which approval is required under this chapter shall, at least 120 days prior to the scheduled date of the training program, request approval from the Department for the training program.
(b) An application for approval must include the following information:
(1) The name and address of the person offering the training.
(2) The title of the course.
(3) The name, title, affiliation and professional background of each course instructor and a detailed outline of the course which includes a description of the subject matter to be presented, the order of presentation and the amount of time scheduled for the presentation.
(4) A narrative describing the preparation and administration of a test to be given at the conclusion of the course. This test must test the participant's knowledge of the technical, administrative and legal requirements related to the subject matter of the course. The narrative must also describe a procedure for conducting and grading of the test that assures careful monitoring and expeditious transmission of test results to the applicant and the Department.
(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 60 to 120 days prior to the expiration date.
(d) The Department may approve industry recognized training without the submission of an application as provided in subsection (a).
§ 245.142. Training courses.
(a) Technical training for initial category-specific certification in § 245.111 (relating to certified installer experience and qualifications) must be based on Nationally- recognized codes and standards in conjunction with manufacturers specifications.
(b) Technical training for renewal of category-specific certification in § 245.114(c) (relating to renewal and amendment of certification) must at a minimum review the technical and regulatory material appropriate for the certification category.
Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS AND FACILITIES
GENERAL § 245.203. General requirements for permits.
(a) Except as provided in subsections (b)--(d), a person may not operate an aboveground or underground storage tank system or storage tank facility, or install a storage tank system or facility covered by § 245.231 (relating to scope), unless the person has first applied for and obtained a permit for the activity from the Department under this subchapter.
(b) A person is not required to submit a separate application for a permit if the storage tank system is subject to a permit-by-rule. 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 person that the tank system is deemed permitted or that the permit is withheld or denied.
(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.
(f) The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported under § 245.41 (relating to tank registration requirements) in temporary closure or temporary removal from service (out-of-service) status. The Department may renew the permit when an amended registration form is received showing the tank returning from temporary closure or temporary removal from service status to an operating status.
(g) A storage tank system may not be operated if the Department suspends, revokes or denies the tank operating permit. A person may not deliver or place a regulated substance in a storage tank if the Department suspends, revokes or denies the tank operating permit.
GENERAL OPERATING PERMITS § 245.222. Application requirements.
Applications for a general operating permit shall be submitted on a Department form. The application must certify the following:
(1) General requirements for all storage tank systems are as follows:
(i) The storage tank system is properly registered.
(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, Subchapter F or Subchapter G (relating to technical standards for underground storage tanks; technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).
(2) In addition to the requirements of paragraph (1), an owner of an underground storage tank system shall meet the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(3) In addition to the requirements of paragraph (1), an owner of an aboveground storage tank system shall meet the following requirements:
(i) A current Spill Prevention Response Plan, that is in compliance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904), is filed with the Department.
(ii) For new tanks, proof that an appropriate tightness test of the aboveground tank system has been completed.
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:
(1) New aboveground storage tank systems with a capacity greater than 21,000 gallons at an existing large aboveground storage tank facility.
(2) New large aboveground storage tank facilities.
(3) New highly hazardous substance tank systems.
(4) New underground field constructed storage tank systems.
(b) Site-specific installation 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 construction, reconstruction or installation. Additional application requirements include the following:
(1) Large aboveground storage tank system at a new facility or existing small aboveground tank facility requires compliance with § 245.232(a)(3) and (4) and (b).
(2) 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) 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 or before November 10, 2007, 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 or on a tank regulated due to the addition of new regulated substances defined in § 245.1 (relating to definitions) (See ''regulated substance'' (i)(C)(I) and (II)), the requirements of this section will not apply.
§ 245.232. General requirements.
(a) Applicants for site-specific permits shall provide the following:
(1) Certification that the tank handling and inspection activities will be performed by Department-certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(2) Certification that the storage tank system will be in compliance with applicable administrative, technical and operational requirements as specified in Subchapters E--G (relating to technical standards for underground storage tanks; technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).
(3) The information required by §§ 245.233 and 245.234 (relating to mapping requirements; and siting requirements).
(4) The environmental assessment required by § 245.235 (relating to environmental assessment).
(b) In addition to the items required by subsection (a), owners of aboveground storage tank systems or facilities required to apply for a site-specific permit shall include:
(1) A current Spill Prevention Response Plan that is in compliance with Chapter 9 of the act (35 P. S. §§ 6021.901--6021.904).
(2) Proof of notification to the municipality and county prior to submitting the application for a site-specific installation permit under section 1101(a) of the act (35 P. S. §§ 621.1101(a)) and § 245.236 (relating to public notice). Acceptable proof of notification includes, but is not limited to, copies of letters sent to the affected municipality and county and legal notices published in a newspaper of general circulation in the area where the project is proposed.
(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:
(1) The installation of tank systems and facilities is proposed on 100-year floodplains or a larger area that the flood of record has inundated unless the industrial use on the proposed site was in existence as of August 5, 1989.
(2) The installation of tank systems and facilities is proposed in wetlands in a manner inconsistent with Chapter 105 (relating to dam safety and waterway management).
(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:
(1) Over areas underlain by carbonate bedrock, the applicant shall provide information and analysis to the Department which assesses the prevalence of solution channels and the potential for sinkholes at the facility site.
(2) If any part of a proposed facility has been previously mined by deep mining methods, the applicant shall provide the results of an engineering study of the proposed site by a Pennsylvania-registered professional engineer or Pennsylvania-registered professional geologist. The study must be detailed enough to assess the potential for and degree of surface subsidence. The study must also include methods which have been used or will be used to stabilize the surface. The applicant shall provide assurance that minerals providing surface support will not be mined as long as the facility stores regulated substances.
(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.
(a) An application for a site-specific permit must include an environmental assessment on a form prescribed by the Department.
(b) An environmental assessment in a permit application 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 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.
(d) If the Department or the applicant determines that the proposed operation may cause environmental harm, the applicant shall provide the Department with a written explanation of how it plans to mitigate the potential harm.
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 must be complete and concisely organized and contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:
(1) A brief summary of the site characterization report conclusions.
(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)(25).
* * * * *
Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS
GENERAL § 245.403. Applicability.
(a) General. The requirements of this subchapter apply to owners and operators, as well as installers and inspectors of underground storage tank systems as defined in § 245.1 (relating to definitions), except as otherwise provided in subsection (b).
(b) Deferrals. Sections 245.441--245.446 (relating to release detection) do not apply to an underground storage tank system that stores fuel solely for use by emergency power generators.
(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) and (II))) are subject to this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the requirements of §§ 245.421, 245.422, 245.431, 245.432 and 245.441--245.446, until November 10, 2010.
§ 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:
(1) A variance may only be granted when the storage tank system meets alternative technical standards that fully protect human health and the environment.
(2) A written application for a variance shall be submitted to the Department and provide the following information:
(i) The facility name and identification number for which the variance is sought.
(ii) The specific sections of this subchapter from which a variance is sought.
(iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.
(iv) Evidence, including plans, specifications and test results, which supports an alternative design, practice, schedule or method as being no less protective of human health and the environment than the requirements of the sections identified in subparagraph (ii).
(3) New technologies may be granted a variance. New technologies shall be reviewed and 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.
(5) The Department will provide to the applicant a written notice of approval, approval with additional conditions or denial. Granted variances will be published in the Pennsylvania Bulletin.
(6) The Department may not grant any 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 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).
§ 245.405. Codes and standards.
(a) The following Nationally-recognized 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 standards 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 approved by the Department.
(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, unless specifically required in the revised standards or by the Department.
(d) Regulatory requirements shall prevail over Nationally-recognized 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 must include, but not be limited to, 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) Storage tank facilities with tank systems installed prior to December 1989, shall be inspected prior to October 11, 1999.
(2) Newly installed storage tank systems shall be inspected between 6 to 12 months after installation. If the facility ownership changes, an inspection of the facility shall be completed between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.
(3) Storage tank facilities not inspected in accordance with paragraph (1) or (2) shall have an initial inspection by October 11, 2002.
(c) Subsequent routine facility inspections.
(1) The interval between subsequent routine facility inspections may not exceed 3 years (36 months) commencing after the last inspection, except as provided in the phase-in periods in paragraph (2).
(2) On November 10, 2007, existing facilities with routine inspections scheduled more than 3 years from this date shall be inspected by the following dates, unless notified otherwise by the Department:
(i) Before August 8, 2008, if currently scheduled for inspection between November 10, 2010, and August 7, 2011, inclusive.
(ii) Before August 8, 2009, if currently scheduled for inspection between August 8, 2011, and August 7, 2013, inclusive.
(iii) Before August 8, 2010, if currently scheduled for inspection after August 7, 2013.
(d) Additional inspections and mandatory training. Inspections in addition to those in subsections (b) and (c) may be required by the Department when the prior inspection determined release detection, corrosion protection or operational violations 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 training course, such as those offered by PEI or professional industry trainers approved under § 245.141 (relating to training approval), when related violations are documented through an inspection. The owner or operator shall incur the costs of the training.
UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION § 245.421. Performance standards for underground storage tank systems.
(a) New underground storage tank systems.
(1) Underground storage tank systems installed or replaced after November 10, 2007, must have total secondary containment, which consists of double-walled tanks, double-walled piping (for piping that routinely contains and conveys regulated substances (product)) and liquid-tight containment sumps. The sumps must be installed at piping connections that routinely contain and convey product from the tank, such as tank-top sumps and dispenser pan sumps, that allow for release detection monitoring of the system (See PEI RP 100). Also, new or replacement tank systems installed with pressurized product piping systems must be equipped with automatic line leak detectors and automatic pump shutoff devices 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 or replacement tank or underground storage tank system installed after January 9, 2008, 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 by a Department-certified installer or inspector that the tank system meets new tank system requirements, using the registration form (See § 245.41 (relating to tank registration requirements)) prior to placing product into the tank and operating the storage tank system.
(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 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:
(i) The tank is constructed of fiberglass-reinforced plastic.
(ii) The tank is constructed of steel and cathodically protected in the following manner:
(A) The tank is coated with a suitable dielectric material.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed 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).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The tank is constructed of a steel-fiberglass-reinforced-plastic composite.
(iv) The tank is constructed of metal without additional corrosion protection measures if:
(A) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the tank.
(2) Piping. The piping and ancillary equipment that routinely contain regulated substances shall be protected from corrosion and deterioration. New piping systems that routinely contain and convey regulated substances from the tank must be double-walled with liquid-tight containment sumps and dispenser pan sumps installed in accordance with paragraph (4)(ii). Whenever more than 50% of the existing piping that routinely contains and conveys product from the tank is replaced, the entire piping system that routinely contains and conveys product from the tank shall be replaced meeting the requirements for new piping systems in this subsection. The portions of the product piping system, including joints, flexible connectors and ancillary equipment that are in contact with the ground 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 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.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The piping is constructed of metal without additional corrosion protection measures if:
(A) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the piping.
(3) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph (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:
(I) Automatically shut off flow into the tank when the tank is no more than 95% full.
(II) Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm.
(III) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm 1 minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.
(ii) Bypassing overfill protection is prohibited for example, bypassing the flow vent valve with coax vapor recovery or a spill bucket drain valve is prohibited.
(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-top 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 Nationally- recognized liquid-tight testing procedure or method recommended by the containment equipment manufacturer.
(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.
(c) Certification of installation. Owners and operators shall ensure that a certified installer has installed the tank system by providing a certification of compliance on an appropriate form provided by the Department.
§ 245.422. Upgrading of existing underground storage tank systems.
(a) Alternatives allowed. By December 22, 1998, existing underground storage tank systems shall comply with one of the following requirements:
(1) Underground storage tank system performance standards under § 245.421(b) (relating to performance standards for underground storage tank systems).
(2) The upgrading requirements in subsections (b)--(d).
(3) Closure requirements under §§ 245.451--245.455 (relating to out-of-service underground storage tank systems and closure), including applicable requirements for corrective action under Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(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 prior to November 10, 2007. The following conditions of existing lined tanks shall be met:
(i) The lining 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 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 (See API 1631 and NLPA 631) 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, 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 upgraded prior to November 10, 2007, having both internal lining and cathodic protection must meet the following:
(i) The lining 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 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 must comply with new underground storage tank system spill and overfill prevention equipment requirements in § 245.421(b)(3) and (4).
(e) Under dispenser containment. When a vertical riser, dispenser and interconnected piping and fittings are added to a storage tank system or replaced, the dispenser must have containment (liquid-tight dispenser pan) meeting requirements in § 245.421(b)(4)(ii).
§ 245.423. Registration requirements.
(a) An underground storage tank shall be registered with the Department prior to adding a regulated substance. The owner of a tank that was in use after May 8, 1986, shall have notified the Department of the system's existence.
(b) Owners required to submit notices under subsection (a) shall provide notices to the Department for each tank they own. Owners may provide notice for several tanks using one registration form, but owners who own tanks located at more than one facility shall file a separate registration form for each separate facility.
(c) Notices required to be submitted under subsection (a) shall provide all of the requested information on the registration form for each tank for which notice is required to be given.
(d) Owners and operators of new underground storage tank systems shall certify compliance with the following requirements in the registration form provided by the Department:
(1) Installation of tanks and piping under § 245.421(c) (relating to performance standards for new underground storage tank systems).
(2) Cathodic protection of steel tanks and piping under § 245.421(b)(1) and (2).
(3) Financial responsibility under Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(4) Release detection under §§ 245.442 and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).
(5) Use of a Department-certified installer under § 245.21 (relating to tank handling and inspection requirements).
(e) Beginning October 24, 1988, a person who sells a tank intended to be used as an underground storage tank or a property containing an existing tank system shall notify the purchaser, in writing, of an owner's obligations under subsection (a). The following form may be used to comply with this requirement:
Federal law (the Resource Conservation and Recovery Act) and Commonwealth law (the Storage Tank and Spill Prevention Act) require that the owner of a regulated underground storage tank notify the Pennsylvania Department of Environmental Protection of the existence of its tank.Notification for tanks brought into service after August 5, 1989, must be made prior to placing the tank system into service. Consult EPA 40 CFR Part 280 and PA Code Title 25 Chapter 245 to determine if you are affected by these laws.(f) Every owner, including a new owner of an existing tank system, shall comply with tank registration requirements in Subchapter A (relating to general provisions).
§ 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 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 § 245.421 (relating to performance standards for underground storage tank systems).
(4) The tank is compatible with the substance to be stored in accordance with §§ 245.2(c) and 245.433 (relating to general; and compatibility).
(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(b)(1).
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:
(1) Corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances.
(2) Underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(i) Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.
(ii) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a Nationally-recognized association.
(3) Underground storage tank systems with impressed current cathodic protection systems shall be inspected or checked every 60 days to ensure the equipment is running properly. At a minimum, the operator or person conducting the 60-day check 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.
(4) For underground storage tank systems using cathodic protection, records of the operation of the cathodic protection shall be maintained, in accordance with § 245.435 (relating to reporting and recordkeeping) to demonstrate compliance with the performance standards in this section. These records must provide the following:
(i) The results of the last three inspections required in paragraph (3).
(ii) The results of testing from the last two inspections required in paragraph (2).
(b) Monitoring and observation wells shall be clearly identified using industry codes and standards, and caps shall be secured to prevent unauthorized or accidental access.
(c) Required equipment, including 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 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) (relating to upgrading of existing underground storage tank systems) shall have the lining evaluated by, or 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) (See API 1631 and NLPA 631) 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, 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 within the secondary containment, 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, product supplier's guidelines, or 2 inches of accumulation in the bottom of the tank, whichever is less. No amount of water is desirable in gasoline containing ethanol. Therefore, water should not be allowed to accumulate in tanks containing ethanol. Excess water shall be properly managed in accordance with applicable State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste), 40 CFR 261, Subpart B (relating to hazardous waste identification) and 29 CFR 1910 (relating to occupational safety and health standards).
§ 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 must meet the following requirements:
(1) Repairs involving a tank handling activity shall be performed by or under the direct, onsite supervision and control of a certified installer.
(2) Repairs to underground storage tank systems shall be properly conducted in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.
(3) Repairs to fiberglass reinforced plastic tanks may be made by the manufacturer's authorized representatives, and shall be made in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.
(4) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Fiberglass pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer's specifications.
(5) Tanks, containment sumps, and piping repaired in response to a release shall be tightness tested in accordance with §§ 245.421(b)(4)(ii), 245.444(3) and 245.445(2) (relating to performance standards for underground storage tank systems; methods of release detection for tanks; and methods of release detection for piping), respectively, prior to placing the system back into service except as provided as follows:
(i) The repaired tank is internally inspected in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.
(ii) The repaired portion of the underground storage tank system is monitored monthly for releases in accordance with a method specified in § 245.444(4)--(9).
(iii) Another test method is used that is determined by the Department to be at least as protective of human health and the environment as those listed in subparagraphs (i) and (ii).
(6) Within 6 months following the repair of a cathodically protected underground storage tank system, the cathodic protection system shall be tested in accordance with § 245.432(a)(2) and (3) (relating to operation and maintenance including corrosion protection) to ensure that it is operating properly.
(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.
§ 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 either onsite at the underground storage tank facility or at a readily available alternative site. Records maintained at the underground storage tank facility shall be immediately available for inspection by the Department and certified inspectors. If records are maintained offsite, the records shall be easily obtained and provided for inspection or for review by the Department 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, including 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(c) (relating to performance standards for underground storage tank systems)).
(ii) Reports of confirmed, reportable releases (§ 245.305(d) (relating to reporting releases)).
(iii) A site characterization report (§ 245.310 (relating to site characterization report)).
(iv) Remedial action plans (§ 245.311 (relating to remedial action plan)), remedial action progress reports (§ 245.312 (relating to remedial action)) and remedial action completion reports § 245.313 (relating to remedial action completion report)).
(v) A notification before installation, permanent closure or change-in-service of a storage tank or storage tank system (§ 245.421(a)(2) and § 245.452(a) (relating to permanent closure and changes-in-service)).
(vi) In the case of permanent closure, closure records to the Department when requested.
(2) 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:
(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 or field-installed cathodic protection system or similar information that demonstrates compliance 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 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).
(vi) Documentation of underground storage tank system repairs, including those in response to a release (§ 245.434(6) (relating to repairs allowed)).
(vii) Tank lining evaluation reports (§ 245.432(d)).
(viii) 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.
(ii) Tank and pipe release detection records for the past 12 months, including written certifications or performance claims for the release detections methods in use and documentation of investigations of suspected releases (§§ 245.304 and 245.446 (relating to investigation of suspected releases; and release detection recordkeeping)).
(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).
(v) The last cathodic protection survey, done at 3-year intervals, on impressed current and galvanic cathodic protection systems in accordance with (§ 245.432).
(vi) Results of the site investigation conducted at permanent closure or change-in-service (§ 245.455 (relating to closure records)).
(vii) A properly completed closure report required under § 245.452(f).
(viii) Documentation of the last test that demonstrates each containment sump, dispenser pan and spill containment bucket installed or repaired after November 10, 2007, were tested and verified to be liquid-tight in accordance with §§ 245.421(b)(4) and 245.434(5).
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