[37 Pa.B. 5979]
[Saturday, November 10, 2007]
[Continued from previous Web Page]
RELEASE DETECTION § 245.441. General requirements for underground storage tank systems.
* * * * * (c) Owners and operators of underground storage tank systems shall comply with the release detection requirements of this subchapter.
(d) An existing tank system that cannot apply a method of release detection that complies with this subchapter must immediately empty the tank and complete the closure procedures in §§ 245.451--245.455 (relating to out-of-service underground storage tank systems and closure).
(e) For existing tank systems equipped with double-walled pressurized piping that routinely contains regulated substance, and containment sumps at the piping junctures and dispensers, the containment sumps and dispenser pan sumps of these systems shall be monitored monthly beginning November 10, 2009, and monthly monitoring records maintained for the last 12 months of monitoring. Monitoring shall be accomplished by one of the following methods:
(1) Monthly visual check of the sumps.
(2) Interstitial monitoring under § 245.444(7) (relating to methods of release detection for tanks) (also see secondary containment--liquid sump sensors in PEI RP 100).
§ 245.442. Requirements for petroleum underground storage tank systems.
(a) Owners and operators of underground storage tank systems installed after November 10, 2007, shall perform interstitial monitoring, at least once every 30 days, in accordance with § 245.444(7) (relating to methods of release detection for tanks) of both the tank and underground piping that routinely contains a product (regulated substance). In addition, pressurized piping for these systems must be equipped and operated with an automatic line leak detector with an automatic pump shut off device in accordance with § 245.445(1) (relating to methods of release detection for piping).
(b) Owners and operators of petroleum underground storage tank systems installed on or before November 10, 2007, shall provide release detection for tanks and piping as follows:
(1) Tanks. Tanks shall be monitored at least every 30 days for releases using one of the methods listed in § 245.444(4)--(9) except that:
(i) Underground storage tank systems that meet the performance standards in § 245.421 (relating to performance standards for underground storage tank systems), may use monthly inventory control requirements in § 245.444(1) or (2), and tank tightness testing (conducted in accordance with § 245.444(3)) until 10 years after the tank was first installed or upgraded under § 245.422(b), but not later than December 22, 2008.
(ii) Underground storage tank systems with a capacity of 1,001 to 2,000 gallons may use manual tank gauging, conducted in accordance with § 245.444(2) and a tank tightness test at least every 5 years until November 10, 2017.
(iii) Tanks with a capacity of 550 gallons or less may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.
(iv) Tanks with a capacity of 551 to 1,000 gallons using the longer test times specified may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.
(2) Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:
(i) Pressurized piping. Underground piping that conveys regulated substances under pressure shall meet the following requirements:
(A) Be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).
(B) Have an annual line tightness test conducted in accordance with § 245.445(2) or have monthly monitoring conducted in accordance with § 245.445(3).
(ii) Suction piping. Underground piping that conveys regulated substances under suction shall either have a line tightness test conducted at least every 3 years and in accordance with § 245.445(2), or use a monthly monitoring method conducted in accordance with § 245.445(3). Release detection is not required for suction piping that is designed and constructed to meet the following standards:
(A) The below grade piping operates at less than atmospheric pressure.
(B) The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.
(C) No more than one check valve is included in each suction line.
(D) Check valves are located directly below and as close as practical to or within the suction pump.
(E) A method is provided that allows compliance with clauses (B)--(D) to be readily determined.
§ 245.444. Methods of release detection for tanks.
Each method of release detection for tanks used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
* * * * * (3) Tank tightness testing. Tank tightness testing, or another test of equivalent performance, must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
(4) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet one of the following requirements:
(i) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product.
(ii) For tank gauges installed prior to December 22, 1990, that do not meet the requirements of subparagraph (i), inventory control, or another test of equivalent performance, shall also be conducted in accordance with paragraph (1). Tank gauges shall be replaced or be certified by an independent third party verifying the gauge's ability to detect the leak rate in subparagraph (i) following EPA evaluation protocol by November 10, 2008.
(5) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:
* * * * * (vi) In the underground storage tank excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law (63 P. S. §§ 148--158.2) to ensure compliance with subparagraphs (i)--(iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.
(6) Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:
(i) The regulated substance stored is immiscible in water and has a specific gravity of less than one.
(ii) Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soils between the underground storage tank system and the monitoring wells or devices is not less than 0.01 cm/sec--for example, the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials.
(iii) The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substances on the water table into the well under both high and low groundwater conditions.
(iv) Monitoring wells shall be sealed from the ground surface to the top of the filter pack.
(v) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible.
(vi) The continuous monitoring devices or manual methods used can detect the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells.
(vii) Within and immediately below the underground storage tank system excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law to ensure compliance with subparagraphs (i)--(v) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.
(viii) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432(b).
(7) Interstitial monitoring. Interstitial monitoring between the underground storage tank system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:
* * * * * § 245.445. Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or automatically shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector shall be conducted in accordance with the manufacturer's requirements. Underground storage tank systems installed or replaced after November 10, 2007, must have line leak detectors with an automatic pump shut-off device that shuts off the flow of regulated substances through pressurized piping that routinely contains and conveys product from the tank (See § 245.421(a)(1) (relating to performance standards for underground storage tank systems)).
(2) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at 1 1/2 times the operating pressure.
(3) Applicable tank methods. The methods in § 245.444(5)--(9) (relating to methods of release detection for tanks) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.
OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE § 245.451. Temporary closure (out-of-service).
(a) When an underground storage tank system is temporarily closed (out-of-service), the owner shall complete and submit an amended registration form to the Department within 30 days in accordance with § 245.41 (tank registration requirements).
(b) Owners and operators shall continue operation and maintenance of corrosion protection in accordance with § 245.432 (relating to operation and maintenance including corrosion protection), while the tank is temporarily out-of-service, and release detection in accordance with §§ 245.441--245.446 (relating to release detection) until the tank is empty. Records shall continue to be kept in accordance with § 245.435 (relating to reporting and recordkeeping).
(c) Owners and operators shall empty a tank being placed temporarily out-of-service within 30 days or prior to submission of the registration form to the Department, whichever occurs first, unless directed otherwise by the Department. Removed contents shall be reused, treated or disposed of in accordance with State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste) and 29 CFR 1910 (relating to occupational safety and health standards). Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system. Owners and operators shall maintain release detection records required under § 245.446(2) (relating to release detection recordkeeping) for the most recent 12-month period of active operation.
(d) Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed.
(e) Routine facility inspection requirements at 3-year intervals in § 245.411(c) (relating to inspection frequency) may be delayed for a storage tank facility with all tank systems temporarily closed, unless notified otherwise by the Department under § 245.21(c) and (d) (relating to tank handling and inspection requirements). A delayed inspection shall be performed on a storage tank system or facility in temporary closure when returning the tank system to operating status.
(f) When an underground storage tank system is temporarily closed for 3 months or more, owners and operators shall also comply with the following requirements:
(1) Vent lines shall be open and functioning.
(2) All other lines, pumps, manways and ancillary equipment shall be capped and secure.
(g) When an underground storage tank system is temporarily closed for more than 12 months, owners and operators shall:
(1) Permanently close the underground storage tank system if it does not meet either performance standards in § 245.421 (relating to performance standards for underground storage tank systems) for new underground storage tank systems or the upgrading requirements in § 245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met.
(2) Permanently close the substandard underground storage tank systems at the end of this 12-month period in accordance with §§ 245.452--245.455, unless the Department provides an extension of the 12-month temporary closure period.
(3) Complete a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.
(h) Underground storage tank systems that meet performance standards in § 245.421 or the upgrading requirements in § 245.422 shall be permanently closed within 3 years of being placed temporarily out-of-service or by November 10, 2010, whichever is later, unless the Department grants an extension to this temporary closure period. The Department may establish conditions and require submission of documentation associated with extension of the temporary closure period, such as the following:
(1) Requirements for inspection under §§ 245.21 and 245.411.
(2) Verification and testing of cathodic protection systems under § 245.432.
(3) Site assessment under § 245.453.
(4) Other considerations determined by the Department.
§ 245.453. Assessing the site at closure or change-in-service.
(a) Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the underground storage tank site. Owners and operators shall sample for releases. Sampling may be accomplished in a manner consistent with the Department technical document entitled ''Closure Requirements for Underground Storage Tank Systems'' or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements.
(b) If contaminated soils, contaminated groundwater or free product as a liquid or vapor is discovered under subsection (a), or by another manner, owners and operators shall begin corrective action in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
Subchapter F. TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES
GENERAL § 245.503. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner/operator of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter.
(1) A variance may only be granted if 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) Specific sections of this subchapter from which the 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 data, plans, specifications and test results, which supports an alternative design, practice, schedule or method as being at least as protective of human health and the environment as the requirement 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) The Department will not grant a variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 37 Pa. Code Part I, Subpart B (relating to flammable and combustible liquids) and 40 CFR Part 112 (relating to oil pollution prevention).
(5) When granting the variance, the Department may impose specific conditions necessary to assure that the variance will adequately protect the public health, safety or welfare and the environment.
(6) The Department will provide to the applicant a written notice of approval, approval with conditions or denial.
§ 245.504. Referenced organizations.
(a) Nationally-recognized associations which are referenced throughout this subchapter are as follows:
(1) American Concrete Institute (ACI).
(2) American National Standards Institute (ANSI).
(3) American Petroleum Institute (API).
(4) American Society of Mechanical Engineers (ASME).
(5) American Society for Nondestructive Testing (ASNT).
(6) American Society for Testing and Materials (ASTM).
(7) NACE International--The Corrosion Society (NACE).
(8) National Fire Protection Association (NFPA).
(9) Petroleum Equipment Institute (PEI).
(10) SSPC--The Society for Protective Coatings (SSPC).
(11) Steel Tank Institute (STI).
(12) Underwriters Laboratory (UL).
(b) Nationally-recognized codes and standards shall be used in conjunction with manufacturer's specifications to comply with this subchapter. When used to meet the technical standards and requirements of this subchapter, the most current or latest edition of the codes and standards shall be applied. Other Nationally-recognized 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 standard, 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.
§ 245.505. Applicability.
Existing tanks that become regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) (See definition of ''regulated substance'' (i)(C)(I) and (II))), and the regulation of aboveground tanks greater than 30,000 gallons capacity, storing heating oil that is consumed on the premises (See definition of ''consumptive use'' in § 245.1) are subject to the requirements of this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the following requirements:
(1) Monitoring requirements in § 245.541(c) (relating to overfill prevention requirements) until November 10, 2010.
(2) In-service inspection requirements in § 245.552 (relating to in-service inspections) until within 5 years of the date of construction or the date of the last inspection or by November 10, 2010, whichever is greater.
(3) Out-of-service inspection requirements in § 245.553 (relating to out-of-service inspections) until November 10, 2010, for tanks not previously inspected or 10 years after construction for tanks without known corrosion rates, whichever is greater, or within projected inspection intervals based on corrosion rates determined at the last out-of-service inspection, but not to exceed 20 years from the date of the last inspection.
OPERATIONS AND MAINTENANCE § 245.514. Security.
An owner/operator is responsible to assure that appropriate security measures and procedures based on the facility location are established and implemented to protect the environment and the public. These security measures and procedures may include, but are not limited to monitoring, fencing, lighting, access control, locked entrances and securing of valves and dispensers.
DESIGN, CONSTRUCTION AND INSTALLATION § 245.522. New aboveground tank installations and reconstructions.
(a) Tanks must be designed and constructed in accordance with an appropriate current code of practice developed by Nationally-recognized associations such as UL, ACI, API, ASME, ASTM, STI or NACE and will follow applicable engineering specifications.
(b) Tanks must have a stable foundation, capable of supporting the total weight of the tank when full of product without movement, rolling or unacceptable settling. The foundation must minimize corrosion of the tank bottom and meet or exceed the specifications of the tank manufacturer. The foundation design and construction must be based on sound engineering practices.
(c) Tanks shall be tested for tightness in accordance with current codes of practice developed by Nationally-recognized associations and manufacturer's specifications. If a pneumatic test is used for manufactured (shop built) tanks, the fittings, welds, joints and connections shall be coated with a soap solution and checked for leaks. Aboveground field constructed storage tanks shall be hydrostatically tested. Deficiencies shall be remedied prior to tanks being placed into service. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
(d) Reconstruction of tanks must follow the current codes of practice developed by Nationally-recognized associations and be accomplished in accordance with sound engineering practices. Reconstructed tanks must be inspected and hydrostatically tested before being placed into service. Reconstructed tanks must meet or exceed requirements specified in § 245.521 (relating to performance standards for aboveground storage tanks). Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
(e) Aboveground manufactured storage tanks that are relocated to another service site must meet the performance requirements for aboveground storage tanks and shall be tested according to industry standards and inspected before being put back in service.
(f) The Department may require the tank owner to submit documentation of construction design criteria and engineering specifications for review.
§ 245.523. Aboveground storage tanks in underground vaults.
The following requirements shall be met when an owner or operator chooses to install an aboveground storage tank in an underground vault:
(1) The vault shall completely enclose the tank. There may be no openings in the vault enclosure except those necessary for access to, inspection of, and filling, emptying and venting of the tank. The walls and floor of the vault must be constructed of reinforced concrete at least 6 inches thick. The top, walls and floor shall be designed to withstand the anticipated loading including loading from traffic, soil and groundwater.
(2) The vault must be compatible with the stored substance and have a permeability of less than 1 × 10-7 cm/sec for substance stored and be water tight.
(3) A tank must be in its own vault. Adjacent vaults may share a common wall.
(4) There may be no backfill around the tank and there shall be sufficient space between the tank and the vault to allow inspection of the tank and ancillary equipment.
(5) A vault and its tank must be suitably anchored to withstand uplifting by either water or released substance, including when the tank is empty.
(6) Connections shall be provided to permit venting of each vault to dilute, disperse and remove vapors prior to personnel entering the vault.
(7) A vault must be equipped with a continuous leak detection system capable of detecting vapors and liquids including water. The detection system must activate an alarm that automatically shuts down the dispensing system if a release occurs.
(8) A vault must have a means for personnel entry. The entry point must have a warning sign indicating the need for procedures for safe entry into a confined space. An entry point must be secured against unauthorized entry and vandalism.
(9) A suitable means to admit a fire suppression agent shall be provided for each vault.
(10) Tanks and ancillary equipment shall be installed, maintained and inspected in accordance with the requirements for aboveground storage tanks in this subchapter.
(11) Underground piping distribution systems for each tank system used to dispense class I or class II motor fuels for resale must be provided with release detection equivalent to underground piping release detection addressed in § 245.445 (relating to methods of release detection for piping) and monitored as required in paragraph (7) with monitoring records retained for 12 months as required under § 245.516 or § 245.615 (relating to recordkeeping requirements).
§ 245.524. Aboveground tank modifications.
(a) Modifications shall be designed and implemented in accordance with current codes of practice developed by Nationally-recognized associations such as API, ACI, ASME, ASTM, NACE, STI or UL.
(b) Modifications shall be performed in accordance with Nationally-recognized codes and manufacturer's specifications or a professional engineer's design requirements.
(c) Aboveground tanks which are modified shall be inspected and tested according to industry standards before being put in service when a major modification has been performed on the tank shell, tank roof or tank bottom. Deficiencies shall be remedied before being returned to service.
(d) The Department may require the tank owner to submit documentation of construction modification design criteria and engineering specifications for review.
CORROSION AND DETERIORATION PREVENTION § 245.534. Interior linings and coatings.
(a) Coating or lining systems may be used to protect tank interiors from corrosion. The coating or lining system shall be designed in accordance with current codes of practices such as API 652 or associations such as NACE. Any appropriate coating which is bonded firmly to the interior surfaces may be used to protect a tank from corrosion.
(b) Specific requirements are as follows:
(1) Coatings and linings shall be chemically compatible with the substance to be stored.
(2) Coating material shall be applied and cured in strict accordance with manufacturer's specifications.
(3) Surfaces shall be prepared and inspected in accordance with applicable Nationally-recognized codes and standards.
(4) Coatings used to protect the bottom of a tank shall extend up the side of the tank a minimum of 18 inches, while some forms of lining may cover the entire tank interior.
(5) Coatings shall be examined for blisters and air pockets, and tested for pinholes. The coating thickness shall be checked to assure compliance with manufacturer's specifications.
(6) Defects in coating or lining systems shall be repaired or corrected prior to putting the tank or system into service.
(c) Interior linings or coatings shall be inspected by a third-party, Department-certified, aboveground storage tank inspector at installation, when undergoing a major modification, and at least every 10 years or as warranted or recommended by the manufacturer or design engineer.
RELEASE PREVENTION AND LEAK DETECTION § 245.541. Overfill prevention requirements.
(a) An owner/operator shall ensure that releases from overfills do not occur. Transfer of stored substance may not exceed the volume available in the receiving tank and the transfer shall be adequately monitored. Immediate action shall be taken to stop the flow of regulated substance prior to exceeding tank capacity or in the event that an equipment failure occurs.
(b) Tanks must be installed with the following:
(1) A gauge or monitoring device which accurately indicates the level or volume in the tank and is visible to the individual responsible for the transfer of product. The monitoring device shall be installed, calibrated and maintained in accordance with manufacturer's specifications.
(2) A high-level alarm with an automatic high-level cut-off device or a high-level alarm with a manned operator shutdown procedure in operation.
(c) Existing tanks must have a gauge or monitoring device installed by October 11, 2000.
(d) An existing tank system which is taken out of service to perform a scheduled out-of-service inspection or a major modification to the tank shall be upgraded with a high-level alarm with a cut-off device or a high-level alarm with a manned operator shutdown procedure prior to being put back in service.
(e) An existing tank system which has not been required to be taken out of service to perform a scheduled inspection or modification must have overfill protection consistent with National industry standards, such as API 2350, NFPA 30 or PEI RP 200 by November 10, 2010.
§ 245.542. Containment requirements for above- ground storage tank systems.
(a) Containment structures must be compatible with the substance stored and minimize deterioration to the storage tank system.
(b) Containment areas shall be designed, maintained and constructed in accordance with sound engineering practices adhering to Nationally-recognized codes of practice such as NFPA, NACE, ACI or API and in compliance with State and Federal requirements.
(c) Secondary containment under the tank bottom and around underground piping must be designed to direct any release to a monitoring point to meet leak detection requirements. Secondary containment shall be provided on a new tank at installation, and shall be provided on an existing tank at reconstruction or relocation of the tank or when the tank floor is replaced (See API 650 Appendix I). Permeability of the secondary containment must be less than 1 × 10-7 cm/sec at anticipated hydrostatic head and shall be verified at the time of installation.
(d) Aboveground tanks must have emergency containment structures, such as dike fields, curbing and containment collection systems, which contain releases from overfills, leaks and spills, when a new tank system is installed or at the next out-of-service inspection for existing tank systems as established in § 245.553(d) (relating to out-of-service inspections) or by November 10, 2010, whichever occurs first.
(1) Permeability of newly installed or replacement emergency containment structures must be less than 1 × 10-6 cm/sec at anticipated hydrostatic head and be of sufficient thickness to prevent the released substance from penetrating the containment structure for a minimum of 72 hours, and until the release can be detected and recovered.
(2) Emergency containment structures for existing aboveground storage tanks must meet one of the following standards by November 10, 2010, or at the next out-of-service inspection, prior to the tank being placed back into service, whichever occurs first:
(i) The standards for new emergency containment structures for aboveground storage tanks in paragraph (1).
(ii) Verification by a professional engineer that the emergency containment structure, coupled with the tank monitoring program and response plan, is capable of detecting and recovering a release and is designed to prevent contamination of the waters of this Commonwealth. Verification may be conducted in a manner consistent with the Department's technical document entitled ''Verification of Emergency Containment Structures for Aboveground Storage Tanks'' or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. Verification of earthen structures should include determination of the containment structure permeability following Nationally-recognized testing methods such as ASTM Methods and Engineering Standards Listed in API Publication 351.
(3) Verification of the containment structure is valid until conditions at the site, monitoring program, response plan or procedures change.
(4) Transfers of regulated substances to a tank within the emergency containment shall be monitored by designated personnel for the duration of the transfer.
(e) Emergency containment areas, such as dike fields, must be able to contain 110% of the capacity of the largest tank in the containment area.
(f) Stormwater shall be removed from the emergency containment area as soon as possible or when the water is in contact with the tank or piping and prior to the capacity of containment being reduced by 10% or more. Manually operated pumps or siphons and manually operated gravity drains may be used to empty the containment. If drain valves are used they shall be secured in the closed position when not in use. Discharge or disposal of substances from the containment structure must comply with applicable State and Federal requirements.
§ 245.543. Leak detection requirements.
(a) Aboveground tank systems shall be provided a method of leak detection at installation that is capable of detecting a release. The leak detection method shall be monitored at least monthly and shall be installed, calibrated, operated and maintained in accordance with industry practices and manufacturer's specifications.
(1) The area beneath the tank bottom shall be monitored for leakage by visual, mechanical or electronic leak detection methods.
(2) Observation wells outside of the secondary containment structure do not satisfy the leak detection requirements.
(b) Existing aboveground storage tank systems with secondary containment shall implement a monthly leak detection method as required by subsection (a). Monthly visual inspections shall be an acceptable method of leak detection.
(c) Existing aboveground storage tanks without secondary containment under the bottom of the tank that are in contact with the soil, such as vertical flat bottom tanks, and do not have cathodic protection or an internal lining shall be leak tested at the next scheduled in-service inspection consistent with subsection (d) and continue to be leak tested at each in-service inspection thereafter, until the tank is upgraded.
(d) Tank leak test must follow a Nationally-recognized procedure that is based on a volumetric/mass measurement, an acoustic measurement, or a soil-vapor monitoring method, such as those addressed in API Publication 334 ''Guide to Leak Detection in Aboveground Storage Tanks.'' The test shall be performed by a third-party inspector or a technician who has experience with the selected method and is qualified by the test equipment manufacturer or certified by the relevant industry association such as ASNT (See Recommended Practice No. SNT-TC-1A) and is not an employee of the tank owner.
(e) Aboveground piping shall be visually checked for leaks in accordance with the facility operations and maintenance plan.
ABOVEGROUND STORAGE TANK INSPECTIONS § 245.552. In-service inspections.
(a) The in-service inspection must follow the guidelines of a Nationally-recognized association such as API 653, API 570 and applicable engineering criteria (See §§ 245.524(b), 245.542(d)(2) and 245.543(d) (relating to aboveground tank modifications; containment requirements for aboveground storage tank systems; and leak detection requirements)).
(b) The in-service inspection must evaluate the following:
(1) Containment areas.
(2) Foundation.
(3) Tank shell.
(4) Tank roof.
(5) Appurtenances.
(6) Ancillary equipment including piping.
(7) Leak detection method.
(8) Cathodic protection system, if installed.
(9) Tank system integrity and suitability for service.
(c) Inspection information shall be submitted to the Department on a form provided by the Department and include the results of the evaluation in subsection (b) and the following:
(1) A determination of the corrosion rate of the shell and piping.
(2) A calculation of the life of the tank shell and piping based on corrosion rate.
(3) The next inspection schedule based on the API 653 calculated service life method or 1/4 of the corrosion rate life with a maximum of 5 years between inspections. Other site-specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity and should be considered when projecting tank service life and the next inspection interval.
(4) The recommendations for maintaining tank system integrity.
(d) Inspection intervals for in-service inspections are as follows:
(1) Aboveground tanks installed after October 11, 1997, shall be initially inspected within 5 years of installation.
(2) Existing tanks shall be initially inspected as follows:
(i) Tanks over 5 years old without a previous inspection shall be inspected by October 11, 1999.
(ii) Tanks with an inspection more than 3 years prior to October 11, 1997, shall be inspected by October 11, 2000.
(iii) Tanks with an inspection within 3 years prior to October 11, 1997, shall be inspected within 6 years of the previous inspection.
(3) Tanks shall have an in-service inspection within 1/4 of the corrosion rate life with a maximum of 5 years from the previous inspection or installation.
(4) An out-of-service inspection may replace an in-service inspection.
(5) An in-service inspection interval may be delayed under § 245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.
(e) Inspection recommendations shall be addressed and deficiencies remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and engineering design criteria (See §§ 245.522(a) and (b), 245.524(b)(2), 245.532(b) and (c) and 245.534(c)). The Department may require submission and review of all documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
(f) The complete inspection report shall be kept at the facility until the next out-of-service inspection is completed.
§ 245.553. Out-of-service inspections.
(a) Inspections must follow the guidelines of a Nationally-recognized association such as API 653, API 570 or ASME and applicable engineering criteria (See §§ 245.524(b), 245.534(c), 245.542(d)(2) and 245.543(d)).
(b) The out-of-service inspection must evaluate the following:
(1) Containment areas.
(2) Foundation and supports.
(3) Tank shell.
(4) Tank roof.
(5) Tank bottom.
(6) Appurtenances.
(7) Ancillary equipment including piping.
(8) Leak detection method.
(9) Cathodic protection system, if installed.
(10) Internal linings and coatings, if installed.
(11) Tank system integrity and suitability for service.
(c) The tank bottom evaluation of metallic floors must be based on ultrasonic testing and visual examination and include at least one other method of nondestructive examination such as magnetic flux tests or vacuum tests of bottom lap welds (See API 653 and ASTM metallography--nondestructive testing Vol. 03.03). The ultrasonic evaluation must be statistically representative of the whole floor, excluding the release prevention barrier or secondary containment on double bottom tanks.
(d) Inspection information shall be submitted to the Department on a form provided by the Department and include the results of subsection (b) and the following:
(1) A determination of the corrosion rate for tank shell, bottom plates and piping.
(2) A calculation of the tank life and piping life based on the corrosion rate.
(3) The schedule for next out-of-service inspection, based on the API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years between inspections. Other site-specific conditions, for example, maintenance practices, previous repairs, internal linings, the nature of the substance stored or soil conditions that may affect corrosion rate life and should be considered when projecting tank service life and the next inspection interval.
(4) The recommendations for maintaining tank system integrity and meeting performance standards.
(e) Inspection intervals for out-of-service inspections are as follows:
(1) Tanks installed after October 11, 1997, shall be initially inspected based on measured or similar service corrosion rates. When the corrosion rate is unknown the tank's actual bottom thickness shall be determined by inspection within 10 years of installation to determine the corrosion rate.
(2) Existing tanks shall be initially inspected as follows:
(i) If corrosion rates are not known, tanks shall be inspected within 10 years of installation or by October 11, 2000, whichever is later.
(ii) If corrosion rates can be determined or are known, tanks shall be inspected at their API 653 calculated service life method or 1/2 the corrosion rate life, from installation or previous out-of-service inspection or by October 11, 2000, whichever is later.
(3) Tanks shall have an out-of-service inspection at their API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years from the last out-of-service inspection.
(4) An out-of-service inspection interval may be delayed under § 245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.
(f) Deficiencies shall be remedied before the tank is returned to service. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications or an engineer's design criteria (See §§ 245.522(a) and (b), 245.524(b)(2) and 245.532(b) and (c) (relating to new aboveground tank installations and reconstructions; aboveground tank modifications; and cathodic protection system)). The Department may require submission and review documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
(g) Aboveground storage tanks which can be completely examined from the exterior are exempt from out-of-service inspections except for tanks that are internally lined.
(h) The completed inspection report for out-of-service inspections shall be kept with the facility records under § 245.516 (relating to recordkeeping requirements).
§ 245.554. Installation and modification inspections.
(a) Aboveground storage tank systems shall be inspected by a Department-certified inspector at the time of installation in accordance with § 245.522 (relating to new aboveground tank installations and reconstructions), and current Nationally-recognized association's code of practice and manufacturer's specifications. The inspection report shall be kept for the operational life of the tank.
(b) Major modifications shall be inspected by a Department-certified inspector at the time of modification under § 245.524 (relating to aboveground tank modifications) and current codes of practice developed by Nationally-recognized associations prior to being put back in service. The inspection report shall be kept for the operational life of the tank. When substantial modifications are made to the tank floor, the next inspection date projections shall be determined based on the condition of the tank subsequent to those modifications and reported to the Department by the certified inspector on the appropriate inspection form provided by the Department. Other site-specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity should be considered when projecting tank service life and the next inspection interval.
(c) Tanks which are relocated or reconstructed shall be inspected by a Department-certified inspector and tested for tightness in accordance with § 245.522 and current codes of practice developed by Nationally-recognized associations prior to being put in service. The inspection report shall be kept for the operational life of the tank.
CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS § 245.561. Permanent closure or change-in-service.
Before permanent closure or change-in-service is completed, the owner/operator shall comply with the following:
(1) At least 30 days before beginning either a permanent closure or change-in-service to an unregulated tank, or within a lesser time as determined by the Department, the owner/operator shall notify the Department of its intent to permanently close or change-in-service from a regulated tank to an unregulated tank, unless the action is in response to a corrective action or waived by the Department.
(2) The owner/operator shall submit an amended registration form to the Department indicating the change in tank status within 30 days after the change in tank status.
(3) The owner/operator shall complete a site assessment to measure for the presence of any release from the storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and may be conducted in a manner consistent with the Department's technical document entitled ''Closure Requirements for Aboveground Storage Tank Systems'' or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. The results of the site assessment and the closure report shall be retained for 3 years.
(4) If contaminated soil, sediment, surface water or groundwater, or free product is discovered or confirmed by either direct observation or indicated by the analytical results of sampling, the owner/operator shall proceed with the corrective action as required in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) or, if applicable, in accordance with remedial action agreements.
(5) Regulated substance and contents removed from the tank system including piping shall be reused, treated or disposed of in a manner consistent with applicable State and Federal waste management requirements.
(6) Tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or tank systems shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste).
(7) Tanks to be permanently closed and left onsite shall be legibly marked with the date of permanent closure.
(8) The appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.
(9) Tanks that are to be closed in place shall:
(i) Be rendered inoperable and incapable of storing liquid substance.
(ii) Be secured against unauthorized entry.
(iii) Meet the requirements specified in paragraphs (1)--(8).
§ 245.562. Temporary removal-from-service.
(a) The owner/operator shall complete and submit an amended registration form to the Department within 30 days after the change in tank status.
(b) A tank system shall be emptied and regulated substances and contents shall be reused, treated or disposed of in accordance with State and Federal requirements.
(c) A tank shall be secured against unauthorized entry and all piping entering or exiting the tank, excluding vents, shall be capped or blinded.
(d) Tank integrity shall be maintained throughout the temporary removal-from-service time and the tank shall be protected against flotation.
(e) Inspection requirements shall be maintained as specified in §§ 245.551--245.554 (relating to aboveground storage tank inspections). In-service and out-of-service inspection intervals may be delayed for a tank that is temporarily removed from service. The delayed inspections shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.
(f) Tanks which are temporarily removed-from-service for 5 years or longer must meet the requirements for permanent closure, unless the time frame for retaining the tank or tanks in temporary removal-from-service status is extended under § 245.503 (relating to variances).
Subchapter G. SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS
GENERAL § 245.604. Referenced organizations.
(a) Nationally-recognized associations which are referenced throughout this subchapter are as follows:
(1) American National Standards Institute (ANSI).
(2) American Petroleum Institute (API).
(3) American Society of Mechanical Engineers (ASME).
(4) American Society for Testing and Materials (ASTM).
(5) NACE International--The Corrosion Society (NACE).
(6) National Fire Protection Association (NFPA).
(7) Petroleum Equipment Institute (PEI).
(8) SSPC--The Society for Protective Coatings (SSPC).
(9) Steel Tank Institute (STI).
(10) Underwriters Laboratory (UL).
(b) Nationally-recognized codes and standards shall be used in conjunction with manufacturer's specifications to comply with this subchapter. When used to meet the technical standards and requirements of this subchapter, the most current or latest edition of the codes and standards shall be applied. Other Nationally-recognized 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 are updated, facilities or storage tank systems installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standard, 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.
§ 245.605. Applicability.
Existing tanks that become regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) (See ''regulated substance'' (i)(C)(I) and (II)) are subject to the requirements of this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the following technical requirements:
(1) Emergency and secondary containment requirements in § 245.612(e) (relating to performance and design standards) until November 10, 2010.
(2) A method of leak detection as required in § 245.613(a) (relating to monitoring standards) until November 10, 2008.
(3) In-service inspections required in § 245.616(c)(3) (relating to inspection requirements) until November 10, 2010.
TECHNICAL REQUIREMENTS § 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
(a) Tanks shall be tested for tightness at installation in accordance with current codes of practice developed by Nationally-recognized associations and manufacturer's specifications, except for manufactured, shop built tanks that meet the requirements of subsection (b). The testing shall be completed, as part of the installation process, prior to putting the tank in service.
(b) Manufactured, shop built tanks that are initially tested after full assembly at the plant do not require additional testing at installation if the manufacturer certifies that the tank was tested at the plant and the manufacturer's installation instructions do not specify additional testing.
(c) Tanks that receive major modifications to the tank shell or the tank bottom shall be tested for tightness, in accordance with current codes of practice developed by Nationally-recognized associations or manufacturer's specifications, prior to being returned to service.
§ 245.612. Performance and design standards.
(a) Tanks shall be designed, constructed and installed or modified in accordance with current codes of practice developed by Nationally-recognized associations such as API, ASME, ASTM, ANSI, STI and UL and the manufacturer's specifications. Tank handling activities shall be accomplished by a Department-certified aboveground storage tank installer or under the installer's direct, onsite supervision and control.
(b) Tanks must have a stable support or foundation capable of adequately supporting the total weight of the tank and its contents when in use. The support or foundation must meet or exceed the specifications of the tank manufacturer and be designed and constructed in accordance with sound engineering practices.
(c) Ancillary equipment, including piping, shall be designed, installed and modified in accordance with current codes of practice developed by Nationally-recognized associations such as API, SSPC, NACE, ASME, PEI and UL and the manufacturer's specifications. Ancillary equipment must be compatible with the substance stored and must be adequately protected from corrosion, excessive wear and deterioration. Protective coatings shall be maintained throughout the entire operational life of the storage tank system.
(d) Tanks shall be installed with secondary containment in or under the tank bottom to provide monitoring capability to satisfy leak detection requirements in § 245.613 (relating to monitoring standards) and emergency containment to contain possible releases, such as overfills, leaks and spills. Emergency containment must be sufficiently impermeable to contain any potential release for a minimum of 72 hours and until the release can be detected and fully recovered in an expeditious manner. Double walled tanks may meet both emergency and secondary containment requirements when the tank system is operated with spill and overfill protection controls including the following:
(1) A spill containment bucket at the tank fill point or containment at the remote fill point.
(2) An overfill alarm or prevention device or monitoring gauge and shut down procedure.
(3) Block valves on product lines.
(4) Solenoid valve or antisiphon device, if appropriate (See PEI RP 200).
(e) Existing tanks which do not meet the requirements specified in subsection (d) shall be upgraded with secondary containment by October 11, 2007, and emergency containment by October 11, 2000.
(f) Tanks installed in underground vaults after October 11, 1997, and used for dispensing Class I and Class II motor fuels must comply with § 245.523 (relating to aboveground storage tanks in underground vaults).
(g) The exterior of the tank system shall be protected by an appropriate coating or paint which shall be maintained throughout the entire operational life of the tank system.
(h) Tanks which are internally lined must comply with § 245.534 (relating to interior linings and coatings).
(i) Tanks shall be labeled or marked in a manner consistent with industry standards and which provides for identifying the regulated substance stored from outside the containment area.
§ 245.614. Requirements for closure.
(a) Tank systems shall be cleaned, rendered free from hazardous vapors and ventilated if left onsite or shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste). Piping shall be removed or capped and fill ports shall be secured, capped or dismantled.
(b) The owner shall conduct a visual examination of the surface, soil and area surrounding and underlying the storage tank system for obvious indications or evidence of a release of regulated substance.
(1) If a release is suspected, it shall be investigated in accordance with § 245.304 (relating to investigation of suspected releases).
(2) If a release is confirmed, it shall be reported to the appropriate Department regional office responsible for the county in which the tank is located in accordance with § 245.305 (relating to reporting releases).
(c) The owner shall complete and submit an amended tank registration form to the Department within 30 days of:
(1) The completion of permanent closure.
(2) Change-in-service status of the tank.
(3) Temporary removal from service.
(d) Temporary removal from service requires that the owner/operator empty the tank system of regulated substances and conduct a visual examination of the area surrounding the tank as required in subsection (b), excluding the surface and soil underlying any tank bottom in contact with the ground. A tank may be considered to be in a temporary removal from service status when the tank is emptied and intended to remain out of use for 1 year or more.
(1) Temporary removal from service may not exceed 5 years, unless the owner can demonstrate an operational need to retain the tank in temporary removal-from-service beyond 5 years and the Department agrees to extend this time frame.
(2) Monitoring standards in § 245.613 (relating to monitoring standards) are not required when a tank is reported to the Department as temporarily removed from service.
(3) Inspection of tanks temporarily removed from service shall be performed in accordance with § 245.616 (relating to inspection requirements). In-service inspection interval may be delayed for a tank that is temporarily removed-from-service. The delayed inspection shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning a tank to operating status.
§ 245.616. Inspection requirements.
(a) Required inspections of small aboveground storage tanks shall be conducted by Department-certified aboveground storage tank inspectors according to a current Nationally-recognized association's code of practice such as API, STI or ASME or according to manufacturer's specifications and applicable engineering criteria (See § 245.612 (relating to performance and design standards)). Deficiencies noted during the inspection shall be addressed and remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and applicable engineering design criteria. The Department may require submission and review of documentation relating to these remedies. The associated tank handling activities are reported to the Department by a certified installer.
(b) Small aboveground field constructed storage tanks shall be inspected at installation, reconstruction or relocation and when a major modification activity is performed on the tank shell or the tank bottom plates.
(c) The owner/operator of small aboveground storage tanks storing regulated substances with a capacity greater than 5,000 gallons and owner/operator of small aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted every 10 years or more often when corrosion, deterioration or other specific conditions necessitate. Other specific conditions may include maintenance practices, previous repairs, the nature of the substance stored and coatings or linings that should be considered when projecting tank service life and the next inspection interval. Internally lined tanks and flat bottom tanks without an interstice or external access to the tank bottom may require further evaluation or internal examination. Inspections shall be phased in for tanks without a previous inspection as follows:
(1) New tanks shall be initially inspected within 10 years of installation.
(2) Existing tanks, less than 10 years old without a previous inspection, shall be inspected by October 13, 2003, or 10 years from the date of installation, whichever is later.
(3) Existing tanks over 10 years old, without a previous inspection, shall be inspected by October 11, 2002.
(4) When an inspection is delayed under § 245.614 (d)(3) (relating to requirements for closure) for a tank in temporary removal-from-service status, the inspection shall be completed and deficiencies remedied prior to returning the tank to operational service.
(d) In-service inspections must evaluate the following:
(1) Containment areas.
(2) Foundation and tank supports.
(3) Tank shell and tank roof, where a roof exists.
(4) Appurtenances.
(5) Ancillary equipment including piping.
(6) Leak detection method, including monthly leak detection records and maintenance checklists.
(7) Cathodic protection system, if installed.
(8) Coatings and protections from deterioration.
(9) Tank system integrity and suitability for service.
Subchapter H. FINANCIAL RESPONSIBILITY REGUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND FACILITIES § 245.704. General requirements.
(a) An owner or operator of an underground storage tank shall continuously participate in the USTIF, unless the EQB has determined that the underground storage tank is an exempt underground storage tank.
(b) An owner or operator of an underground storage tank shall have sufficient financial resources available to continuously meet the USTIF deductibles for both corrective action and third party liability as determined in accordance with § 245.707 (relating to coverage amounts for financial responsibility). The deductible coverage must be in a method required under section 701(b) of the act (35 P. S. § 6021.701(b)) including a guarantee, surety bond, qualification as a self-insurer, insurance or risk retention coverage, letter of credit, indemnity contract, trust fund, stand by trust fund, or other method approved or deemed satisfactory by the Department.
(c) The owner or operator shall have written documentation of the USTIF deductible coverage readily available and provide this documentation to the Department upon request to demonstrate that the owner or operator has sufficient financial resources to meet the USTIF deductible for both corrective action and third party liability as determined in accordance with § 245.707.
§ 245.707. Coverage amounts for financial responsibility.
The owner or operator of an underground storage tank, other than an exempt underground storage tank, shall comply with the financial responsibility requirements of this subchapter by maintaining sufficient financial resources to provide the coverage for both corrective action and third party liability, in the amounts set forth in paragraphs (1) and (2) for the applicable number of tanks:
(1) For corrective action:
Number of tanks
Amount of required coverage 1--6 1 × USTIF deductible 7--12 2 × USTIF deductible 13--18 3 × USTIF deductible 19--24 4 × USTIF deductible 25--30 5 × USTIF deductible 31--36 6 × USTIF deductible 37--42 7 × USTIF deductible 43--48 8 × USTIF deductible 49--60 9 × USTIF deductible 61--100 10 × USTIF deductible 101--200 11 × USTIF deductible 201--300 12 × USTIF deductible 301--600 13 × USTIF deductible over 600 14 × USTIF deductible (2) For third party liability:
Number of tanks Amount of required coverage 1--100 1 × USTIF deductible over 100 2 × USTIF deductible
[Pa.B. Doc. No. 07-2060. Filed for public inspection November 9, 2007, 9:00 a.m.]
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