[48 Pa.B. 7875]
[Saturday, December 22, 2018]

[Continued from previous Web Page]

Subchapter D. CORRECTIVE ACTION PROCESS FOR OWNERS AND OPERATORS OF STORAGE TANKS AND STORAGE TANK FACILITIES AND OTHER RESPONSIBLE PARTIES

§ 245.301. Purpose.

 This subchapter establishes suspected release investigation, release reporting and corrective action requirements for owners and operators of storage tank systems and storage tank facilities and other responsible parties.

§ 245.302. Scope.

 This subchapter applies to suspected releases and releases of regulated substances from storage tank systems regulated under the act.

§ 245.303. General requirements.

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 (c) For corrective actions required by this subchapter, it will be presumed as a rebuttable presumption of law in civil and administrative proceedings that a person who owns or operates an aboveground or underground storage tank system is liable, without proof of fault, negligence or causation, for damage, contamination or pollution within 2,500 feet of the perimeter of the site of a storage tank system containing or which contained a regulated substance of the type which caused the damage, contamination or pollution. The presumption may be overcome by clear and convincing evidence that the person so charged did not contribute to the damage, contamination or pollution.

 (d) To overcome the presumption of liability established in subsection (c), the owner or operator shall affirmatively prove, by clear and convincing evidence, one of the following:

 (1) The damage, contamination or pollution existed prior to the use of a storage tank system at the facility to contain an accumulation of regulated substances, as determined by surveys of the site and within 2,500 feet of the perimeter of the storage tank system or facility.

 (2) An adjacent landowner refused to allow the owner or operator of a storage tank system at a new facility access to property within 2,500 feet of the perimeter of a storage tank facility to conduct a survey.

 (3) The damage, contamination or pollution was not within 2,500 feet of the perimeter of a storage tank system.

 (4) The owner or operator did not contribute to the damage, contamination or pollution.

 (e) The Department may waive or combine one or more of the requirements in this subchapter based on:

 (1) The nature, extent, type, volume or complexity of the release, including a release to a containment structure or facility that is shown to be liquid-tight.

 (2) The general characteristics of the site and the regulated substances which were released.

 (3) The corrective action which occurred subsequent to the release.

 (f) The Department's acceptance or approval of an interim remedial action, site characterization, site characterization report, remedial action plan, remedial action or remedial action completion report, does not constitute and may not be construed as a release from civil or criminal liability in an administrative, civil or criminal proceeding.

§ 245.304. Investigation and reporting of suspected releases.

 (a) The owner or operator of a storage tank system or storage tank facility shall initiate and complete an investigation of a suspected release of a regulated substance as soon as practicable, but no later than 7 days after the indication of a suspected release. An indication of a suspected release includes one or more of the following conditions:

 (1) The presence of a regulated substance or an unusual level of vapors from a regulated substance outside of storage tank system components designed to routinely contain or convey product, at or near a storage tank facility.

 (2) Evidence of a regulated substance or vapors in soils, basements, sewer lines, utility lines, surface water or groundwater in the surrounding area.

 (3) Unusual operating conditions, indicative of a release, such as the erratic behavior of product dispensing equipment.

 (4) The sudden or unexpected loss of a regulated substance from a storage tank system or the unexplained presence of water in a storage tank system.

 (5) Test, sampling or monitoring results, including the sounding of an alarm, from a release detection method which indicate a release.

 (6) The discovery of holes in or damage to a storage tank system during activities such as inspection, repair or removal from service.

 (7) Other events, conditions or results which may indicate a release.

 (b) The investigation required by subsection (a) shall include a sufficient number of the procedures outlined in this subsection and be sufficiently detailed to confirm whether a release of a regulated substance has occurred. The owner or operator shall investigate the indication of a release by one or more of the following procedures:

 (1) A check of product dispensing or other similar equipment.

 (2) A check of release detection monitoring devices.

 (3) A check of inventory records to detect discrepancies.

 (4) A visual inspection of the storage tank system or the area immediately surrounding the storage tank system.

 (5) Testing of the storage tank system for tightness or structural soundness.

 (6) Sampling and analysis of soil, subsurface soil and backfill, vapor, water or groundwater at a location where contamination from a release would most likely be present.

 (7) Other investigation procedures which may be necessary to determine whether a release of a regulated substance has occurred.

 (c) Upon completion of the investigation under subsection (a), the owner or operator shall comply with one of the following requirements:

 (1) Except as provided in § 245.305(i) (relating to reporting releases), if the investigation confirms that a release has occurred, the owner or operator shall report the release under § 245.305 and initiate corrective action.

 (2) If the investigation cannot determine whether a release has occurred, the owner or operator shall report the suspected release within 15 days of the indication of the suspected release to the appropriate regional office of the Department on a form provided by the Department.

 (3) If the investigation confirms that a release has not occurred, no further corrective action is required except that the owner or operator shall completely recover and remove the regulated substance. If removal of the regulated substance cannot be accomplished within 24 hours, the owner or operator shall immediately notify the appropriate regional office of the Department by telephone or e-mail.

§ 245.305. Reporting releases.

 (a) The owner or operator of a storage tank system or storage tank facility shall notify the appropriate regional office of the Department as soon as practicable, but no later than 24 hours, after the confirmation of a release.

 (b) The notice required by subsection (a) shall be by telephone and describe, to the extent of information available, the regulated substance involved, the quantity of the regulated substance involved, when the release occurred, where the release occurred, the cause of the release, the affected environmental media, information concerning impacts to water supplies, buildings or to sewer or other utility lines, and interim remedial actions planned, initiated or completed.

 (c) Within 15 days of the notice required by subsection (a), the owner or operator shall provide written notification to the Department and to each municipality in which the release occurred, and each municipality where that release has impacted environmental media or water supplies, buildings or sewer or other utility lines.

 (d) The owner or operator shall provide written notification to the Department and each impacted municipality of new impacts to environmental media or water supplies, buildings, or sewer or other utility lines discovered after the initial written notification required by subsection (c). Written notification under this subsection shall be made within 15 days of the discovery of the new impact.

 (e) Written notification required by this section must contain the same information as required by subsection (b) and must be on a form provided by the Department.

 (f) If the Department determines that a release poses an immediate threat to public health and safety, the Department may evaluate and implement reasonable procedures to provide the public with appropriate information about the situation which may, at a minimum, include a summary of the details surrounding the release and its impacts in a newspaper of general circulation serving the area in which the impacts are occurring.

 (g) Upon the occurrence of a release at the aboveground storage tank, the owner or operator of a storage tank facility with an aggregate aboveground storage capacity greater than 21,000 gallons shall immediately notify the county emergency management agency, the Pennsylvania Emergency Management Agency and the Department. Downstream water companies, downstream municipalities and downstream industrial users within 20 miles of an aboveground storage tank facility located adjacent to surface waters shall be notified on a priority basis based on the proximity of the release by the owner or operator or the agent of the owner or operator within 2 hours of a release which enters a water supply or which threatens the water supply of downstream users. If the owner or operator or an agent fails to notify or is incapable of notifying downstream water users, the county emergency management agency shall make the required notification. This notification shall be done in accordance with section 904 of the act (35 P.S. § 6021.904).

 (h) The owner or operator of a storage tank system or storage tank facility shall immediately notify the local fire authority where fire, explosion or safety hazards exist as a result of a release.

 (i) Release reporting under this section and further corrective action under this subchapter are not required for the following releases if the owner or operator has control over the release, the release is completely contained and the total volume of the release is recovered and removed within 24 hours of the release:

 (1) A release of petroleum to an aboveground surface, including within an emergency containment structure, that is less than 25 gallons.

 (2) A release of petroleum to a containment sump if the total volume of the release is contained below the lowest sump penetration.

§ 245.306. Interim remedial actions.

 (a) A responsible party shall immediately initiate the following interim remedial actions necessary to prevent or address an immediate threat to human health or the environment from a release while initiating, as necessary, one or more of the tasks identified in § 245.309(c) (relating to site characterization):

 (1) Remove the regulated substance from the storage tank system to prevent further release to the environment.

 (2) Identify, mitigate and continue to monitor and mitigate, fire, explosion and safety hazards posed by vapors and free product.

 (3) Prevent further migration of the regulated substance released from the storage tank system into the environment as follows:

 (i) If contaminated soil exists at the site, the interim remedial action may include excavation of the soils for treatment or disposal.

 (ii) If free product is present, free product recovery shall be initiated immediately.

 (4) Identify and analyze samples of affected water supplies and water supplies with the potential to be affected in a reasonable and systematic manner consistent with § 245.309(b)(1) and (4) and (c)(4), (6), (12) and (16). The responsible party shall restore or replace an affected or diminished water supply in accordance with § 245.307 (relating to affected or diminished water supplies). The responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 days of receipt of the sample results from the laboratory.

 (b) At sites where free product recovery, regulated substance removal or contaminated soil excavation is performed, the responsible party shall:

 (1) Conduct recovery, removal, storage, treatment and disposal activities in a manner that prevents the spread of contamination into previously uncontaminated areas.

 (2) Handle flammable products in a safe and competent manner to prevent fires or explosions.

 (3) Obtain required State and local permits or approvals for treatment and disposal activities.

 (4) Minimize the amount of soil and subsurface material affected by a release of a regulated substance by segregating the unaffected soil and subsurface material from the material affected by a release of a regulated substance.

 (c) If interim remedial actions such as free product recovery affect or diminish the quality or quantity of a water supply, the responsible party shall restore or replace the water supply in accordance with § 245.307.

 (d) Where soil and subsurface material affected by a release is removed from the site, the person removing the material shall provide to the owner, operator, landowner or other responsible party a receipt documenting acceptance of the material at a permitted treatment or disposal facility.

 (e) A responsible party shall notify the Department by telephone or e-mail as soon as practicable, but no later than 24 hours, after the initiation of interim remedial actions.

§ 245.307. Affected or diminished water supplies.

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 (d) A permanent water supply shall be provided within 90 days, or within an alternative time frame as determined by the Department, after one of the following:

 (1) The responsible party receives information which establishes that the responsible party has affected or diminished the water supply.

 (2) The responsible party is notified by the Department that the responsible party has affected or diminished the water supply.

 (e) A responsible party shall notify the Department, by telephone or e-mail, within 24 hours of providing an alternate source of water to the owner of the affected or diminished water supply.

§ 245.309. Site characterization.

 (a) Upon confirming that a release has occurred in accordance with § 245.304 (relating to investigation and reporting of suspected releases) or after a release from a storage tank system is identified in another manner, the responsible party shall perform a site characterization.

 (b) The objectives of a site characterization are to accomplish the following:

 (1) Determine whether additional interim remedial actions are necessary to abate an imminent hazard to human health or the environment.

 (2) Determine whether additional site characterization work is required upon completion of an interim remedial action.

 (3) Determine or confirm the sources of contamination.

 (4) Provide sufficient physical data, through field investigations, to determine the regulated substances involved, and the extent of migration of those regulated substances in surface water, groundwater, soil or sediment.

 (5) Determine, from measurements at the site, values necessary for fate and transport analysis including hydraulic conductivity, source dimensions, hydraulic gradient, water table fluctuation and fraction organic carbon.

 (6) Provide sufficient information to select a remediation standard.

 (7) Provide sufficient information to allow for completion of a remedial action plan or a design for remedial action.

 (c) The responsible party shall conduct the site characterization activities necessary to satisfy the objectives in subsection (b). The site characterization shall include the following tasks, as necessary, based on the nature, extent, type, volume or complexity of the release:

 (1) Identifying the need for and initiating additional interim remedial actions.

 (2) Opening storage tanks and analyzing samples of the contents to determine the regulated substances stored in the tanks.

 (3) Performing tightness testing or other release detection testing and monitoring to determine the structural integrity of the storage tank system.

 (4) Identifying and analyzing samples of affected water supplies and water supplies with the potential to be affected which were not previously identified or sampled under § 245.306(a)(4) (relating to interim remedial actions). The responsible party shall restore or replace an affected or diminished water supply in accordance with § 245.307 (relating to affected or diminished water supplies). The responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 days of receipt of the sample results from the laboratory.

 (5) Determining the location of the ecological receptors identified in § 250.311(a) (relating to evaluation of ecological receptors).

 (6) Reviewing the history of operations, releases and corrective actions at the site.

 (7) Reviewing and analyzing data collected during removal from service and interim remedial action activities.

 (8) Using geophysical survey techniques to locate storage tanks and to determine geologic and hydrogeologic characteristics of affected hydrogeologic zones and hydrogeologic zones with the potential to be affected.

 (9) Using soil survey techniques which include drilling soil borings and analyzing soil samples to determine soil characteristics and the horizontal and vertical extent of soil contamination.

 (10) Using direct push probes, piezometers, well points, monitoring wells, public and private wells, and other resources to:

 (i) Determine the direction of groundwater flow.

 (ii) Determine soil, geologic, hydrogeologic and aquifer characteristics, including parameters necessary for fate and transport analysis.

 (iii) Determine the horizontal and vertical extent and evaluate the properties of free product in the subsurface.

 (iv) Analyze groundwater samples to determine the horizontal and vertical extent of groundwater contamination.

 (11) Analyzing surface water and sediment samples to determine the extent of surface water and sediment contamination.

 (12) Assessing potential migration pathways, including sewer lines, utility lines, wells, geologic structures, hydrogeologic conditions and vapor intrusion into structures.

 (13) Performing site surveying and topographic mapping.

 (14) Developing a conceptual site model that describes the sources of contamination, fate and transport of contaminants, actual and potential receptors, and an evaluation of the vapor intrusion pathway.

 (15) Handling and disposing of site characterization wastes.

 (16) Preparing and implementing a site-specific plan for the provision of the following:

 (i) Worker health and safety in accordance with OSHA requirements in 29 CFR 1910.120 (relating to hazardous waste operations and emergency response), including health and safety policies, medical monitoring, training and refresher courses, emergency and decontamination procedures, personal protective equipment and standard work practices.

 (ii) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.

 (iii) Establishment of data quality objectives and a quality assurance/quality control program for the performance of site characterization field activities and for the accurate collection, storage, retrieval, reduction, analysis and interpretation of all data that will be collected during the corrective action, according to appropriate standards and guidelines for environmental remediation.

 (17) Analyzing the data collected as a result of the site characterization.

 (18) Selecting a remediation standard.

 (19) Demonstrating that groundwater is not used or currently planned to be used in accordance with the selected remediation standard.

 (20) If the site-specific standard is selected, performing a risk assessment in accordance with Chapter 250, Subchapter F (relating to exposure and risk determinations).

 (21) Developing preferred remedial action options to attain the selected remediation standard.

 (22) Identifying additional investigations or pilot studies needed to design and implement the preferred remedial action options.

 (23) Performing additional tasks necessary to meet the objectives in subsection (b).

 (24) Notifying the Department by telephone or e-mail as soon as practicable, but no later than 24 hours, after the initiation of site characterization activities.

§ 245.310. Site characterization report.

 (a) A responsible party shall prepare and submit to the Department within 180 days of reporting a release under § 245.305(a) (relating to reporting releases), or within an alternative time frame as determined by the Department, a site characterization report which describes the activities undertaken in accordance with § 245.309 (relating to site characterization). The responsible party shall submit two copies of the site characterization report to the Department unless directed otherwise. The site characterization report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:

 (1) A narrative description of the site and the historical and current operations conducted at the site.

 (2) A site map showing location of buildings, roads, storage tanks, including those removed from service or closed in place, utilities, property boundaries, topographic contours, potential receptors and other information pertinent to the site characterization.

 (3) A description of natural and manmade features pertinent to the site characterization.

 (4) Details of interim remedial actions conducted at the site in accordance with § 245.306 (relating to interim remedial actions). These details must include the following, as necessary:

 (i) A description of the type and volume of the regulated substance removed from the storage tank.

 (ii) A discussion of fire, explosion and safety hazards which have been identified, mitigated and monitored.

 (iii) A discussion of necessary relocation of affected residents.

 (iv) Where free product recovery is performed, a description of:

 (A) The regulated substance released, the thickness of free product in wells, boreholes or excavations, and the properties and vertical and horizontal distribution of any free product remaining in the subsurface.

 (B) The type of free product recovery system used.

 (C) Whether a discharge has or will take place during the recovery operation, and where this discharge is or will be located.

 (D) The type of treatment applied to, and the effluent quality expected from, a discharge.

 (E) The steps that have been or are being taken to obtain necessary permits or approvals for a discharge.

 (F) The volume and disposition of the recovered free product.

 (G) The date free product recovery was initiated.

 (H) The date free product recovery was completed.

 (v) Where excavation of contaminated soil is performed, a description of:

 (A) The regulated substance released and actual volume of soil excavated.

 (B) The method used to determine the existence and extent of contaminated soil.

 (C) The treatment method or disposition of the excavated soil, including receipts documenting acceptance of the material at a permitted treatment or disposal facility.

 (D) The date excavation was initiated.

 (E) The date excavation was completed.

 (F) The rationale for terminating soil excavation where the contaminated soil has not been excavated, including the volume of contaminated soil remaining in place, and a description of what steps will be taken to address the soils that remain unexcavated.

 (5) Details of actions conducted at the site in accordance with § 245.307 (relating to affected or diminished water supplies). These details must include the steps that have been or are being taken to restore or replace affected or diminished water supplies.

 (6) A description of the type and characteristics of regulated substances involved, including quantities, physical state, concentrations, toxicity, propensity to bioaccumulate, persistence and mobility.

 (7) The results of tightness testing or other release detection method used or conducted to determine the structural integrity of the storage tank systems.

 (8) The details of removal from service activities conducted at the site.

 (9) The identification of the sources of contamination, including the actual or estimated date and quantity of release from each source.

 (10) The location and description of affected water supplies and water supplies with the potential to be affected.

 (11) A statement certifying that the site-specific plan, prepared for worker health and safety in accordance with OSHA requirements in 29 CFR 1910.120 (relating to hazardous waste operations and emergency response), including health and safety policies, medical monitoring, training and refresher courses, emergency and decontamination procedures, personal protective equipment and standard work practices, was implemented.

 (12) A discussion and analysis to demonstrate that the site characterization objectives in § 245.309(b) have been satisfied.

 (13) The rationale, equipment, methodology and results of geophysical surveys.

 (14) The location, rationale and logs of soil borings.

 (15) The location, rationale, construction details, including methods and materials, and depth to groundwater of piezometers, well points and monitoring wells.

 (16) Groundwater contour maps depicting groundwater flow direction at the site.

 (17) A description of methods and equipment used to determine site-specific soil, geologic, hydrogeologic and aquifer properties.

 (18) Sampling locations and rationale for selection of these locations.

 (19) The results of a survey used to identify and sample public and private wells.

 (20) Parameters analyzed for, analytical methods used and detection limits of these methods.

 (21) Field and laboratory analytical results and interpretations.

 (22) Contaminant distribution maps in the media and contaminant phases.

 (23) A conceptual site model which describes the sources of contamination, the fate and transport of contaminants, actual and potential receptors, and evaluates the vapor intrusion pathway.

 (24) The disposition of site characterization wastes.

 (25) A copy of site-specific plans prepared and implemented for the provision of the following:

 (i) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.

 (ii) The data quality objectives and quality assurance/quality control program for the performance of site characterization field activities and for the accurate collection, storage, retrieval, reduction, analysis and interpretation of site characterization data.

 (26) The identification of the remediation standard which has or will be attained at the site.

 (27) The Department's written determination that groundwater is not used or currently planned to be used, if needed to attain the remediation standard selected or to be selected.

 (28) The impacts to ecological receptors as a result of the evaluation conducted in accordance with § 250.311 or § 250.402(d) (relating to evaluation of ecological receptors; and human health and environmental protection goals).

 (29) The impacts to surface water as a result of the evaluation conducted in accordance with § 250.309 or § 250.406 (relating to MSCs for surface water; and relationship to surface water quality requirements).

 (30) A summary of the remedial action option that will be used at the site to attain the selected remediation standard. The summary must include a description of the components of each option, a conceptual design and a description of any additional investigation needed to complete the design of each option.

 (31) A risk assessment report in accordance with § 250.409 (relating to risk assessment report).

 (32) A demonstration that no current or future exposure pathways exist following the procedures described in § 250.404 (relating to pathway identification and elimination).

 (33) A report of additional tasks performed to meet the objectives in § 245.309(b).

 (b) If the responsible party determines, after completion of interim remedial actions, that further site characterization is not required, that soil is the only media of concern, and that interim remedial actions have remediated the site, the responsible party may submit a site characterization report to the Department, in lieu of the report required in subsection (a), which contains the following:

 (1) A concise statement that describes the release, including information such as the amount of regulated substance that was released, the extent of contamination and interim remedial actions taken under § 245.306.

 (2) Data demonstrating that the interim remedial actions have attained the Statewide health standard for the site in accordance with Chapter 250, Subchapter G (relating to demonstration of attainment).

 (3) The basis for selection of the residential or nonresidential Statewide health standard.

 (4) The results of the evaluation of ecological receptors conducted in accordance with § 250.311.

 (5) Additional information as identified in subsection (a) necessary to fully describe the release, the extent of contamination and the interim remedial actions taken to address the release.

 (c) Following submission of a complete site characterization report prepared under subsection (a), selecting the site-specific standard, or subsection (b), the Department will do one or more of the following:

 (1) Review and approve the site characterization report as submitted.

 (2) Review and approve the site characterization report with modifications made by the Department.

 (3) Review and disapprove the site characterization report, citing deficiencies.

 (4) Review and disapprove the site characterization report and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.

 (5) Review and disapprove the site characterization report, perform the site characterization in whole or in part and recover, in accordance with § 245.303(b) (relating to general requirements), the Department's costs and expenses involved in performing the site characterization.

 (d) The Department will take one or more of the actions listed in subsection (c) within 60 days of receipt of a site characterization report meeting the requirements in subsection (b) or within 90 days of receipt of a site characterization report selecting the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.

§ 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 two copies of the remedial action plan, unless directed otherwise. The remedial action plan must be submitted 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. The remedial action plan must be submitted prior to its implementation, be complete and concisely organized and contain all of 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 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).

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 (12) A description of proposed postremediation care requirements, including proposed activity and use limitations to be implemented under an environmental covenant.

 (13) A description of additional items necessary to develop the remedial action plan.

 (14) A description of any water supply that remains affected or diminished, the replacement system that was provided, the analytical results of samples taken, and any maintenance or monitoring required to ensure its functionality until the supply is no longer affected or diminished.

 (b) Following submission of a complete remedial action plan selecting the background or Statewide health standard, the Department will publish an acknowledgment of receipt of the remedial action plan in the Pennsylvania Bulletin and do one or more of the following:

 (1) Review and approve the site characterization report and remedial action plan as submitted.

 (2) Review and approve the site characterization report and remedial action plan with modifications made by the Department.

 (3) Review and disapprove the site characterization report and remedial action plan, citing deficiencies.

 (4) Review and disapprove the site characterization report and remedial action plan and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.

 (5) Review and disapprove the site characterization report and remedial action plan, prepare a remedial action plan or perform the remedial action in whole or in part, and recover, in accordance with § 245.303(b) (relating to general requirements), the Department's costs and expenses involved in preparing the remedial action plan or performing the remedial action.

 (6) Publish a notice of its final action in the Pennsylvania Bulletin.

 (c) Following submission of a complete remedial action plan selecting the site-specific standard, the Department will publish an acknowledgment of receipt of the remedial action plan in the Pennsylvania Bulletin and do one or more of the following:

 (1) Review and approve the remedial action plan as submitted.

 (2) Review and approve the remedial action plan with modifications made by the Department.

 (3) Review and disapprove the remedial action plan, citing deficiencies.

 (4) Review and disapprove the remedial action plan and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.

 (5) Review and disapprove the remedial action plan, prepare a remedial action plan or perform the remedial action in whole or in part, and recover, in accordance with § 245.303(b), the Department's costs and expenses involved in preparing or performing the remedial action plan.

 (6) Publish a notice of its final action in the Pennsylvania Bulletin.

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§ 245.312. Remedial action.

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 (c) Each remedial action progress report shall provide the data generated during the reporting period and shall show the progress to date toward attainment of the selected remediation standard. Each report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:

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 (4) Quantitative analytical results from replacement water supply system, groundwater, surface water, soil and sediment sampling.

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 (9) Demonstration that required Federal, State and local permits and approvals are being complied with.

 (10) A summary of data collected from any water supply that remains affected or diminished, and any maintenance performed.

 (11) A report of additional items necessary to describe the progress of the remedial action.

 (d) The first remedial action progress report shall be received by the Department 3 months following the date of remedial action plan implementation or at an alternative interval as determined by the Department. The final remedial action progress report shall be submitted to the Department as part of the remedial action completion report.

 (e) If during implementation of the remedial action plan the responsible party decides to change the remedial action plan, the responsible party shall prepare and submit, to the Department, a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, in accordance with § 245.311 (relating to remedial action plan).

 (f) If during implementation of the remedial action plan the responsible party determines that continued implementation of the remedial action plan will cause additional environmental harm, the responsible party shall suspend remedial action and notify the Department, by telephone, within 24 hours of suspension. The responsible party shall prepare and submit a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, to the Department in accordance with § 245.311.

 (g) If during implementation of the remedial action plan the Department determines that the remedial action plan will not attain the selected remediation standard or will cause additional environmental harm, the Department may require the responsible party to suspend remedial action and notify the Department, by telephone or e-mail, within 24 hours of suspension. The Department may require the responsible party to prepare and submit a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, to the Department in accordance with § 245.311.

§ 245.313. Remedial action completion report.

 (a) When the selected remediation standard has been attained, the responsible party shall submit a remedial action completion report to the Department.

 (b) The remedial action completion report must be complete and concisely organized and must contain the following elements, as necessary, based on the remediation standard attained:

 (1) Data demonstrating that the remedial actions have attained the selected standard for the site in accordance with Chapter 250, Subchapter G (relating to demonstration of attainment).

 (2) When the background standard has been attained, the remedial action completion report shall include the requirements in § 250.204(f) and (g) (relating to final report).

 (3) When the Statewide health standard has been attained, the remedial action completion report shall include the requirements in § 250.312(a)—(h) (relating to final report).

 (4) When the site-specific standard is attained, the remedial action completion report shall include the requirements in § 250.411(c), (d) and (f) (relating to final report).

 (5) For fate and transport analyses, the following information, in addition to that required by § 250.204(f)(5):

 (i) An isoconcentration map showing the configuration and concentrations of contaminants within the plume being analyzed.

 (ii) Sufficient information from monitoring data to establish whether the plume is stable, shrinking or expanding.

 (iii) Input parameters for the analysis and the rationale for their selection.

 (iv) Figures showing the orientation of the model or analysis to the field data.

 (v) Comparison and analysis of the model or mathematical output to the actual field data.

 (c) Following submission of the remedial action completion report, the Department will publish an acknowledgment of receipt of the remedial action completion report in the Pennsylvania Bulletin and do one or more of the following:

 (1) Review and approve the remedial action completion report as submitted.

 (2) Review and approve the remedial action completion report with modifications made by the Department.

 (3) Review and disapprove the remedial action completion report, citing deficiencies.

 (4) Review and disapprove the remedial action completion report and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.

 (5) Review and disapprove the remedial action completion report, perform the site characterization or remedial action and recover, in accordance with § 245.303(b) (relating to general requirements), the Department's costs and expenses involved in preparing the remedial action completion report.

 (6) Publish a notice of its final action in the Pennsylvania Bulletin.

 (d) The Department will take one or more of the actions listed in subsection (c) within 60 days of receipt of the remedial action completion report demonstrating attainment of the background or Statewide health standard, or within 90 days of receipt of a remedial action completion report demonstrating attainment of the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.

Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS

GENERAL

§ 245.402. Scope.

 This subchapter applies to underground storage tank systems regulated under the act and this chapter.

§ 245.403. Applicability.

 (a) General. The requirements in 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 subsections (c) and (d).

 (b) Emergency power generator fuel tanks. Underground storage tank systems that store fuel solely for use by emergency power generators must meet the requirements in §§ 245.441—245.446 (relating to release detection) as follows:

 (1) Underground storage tank systems installed on or before November 10, 2007, must meet the requirements in §§ 245.441—245.446 on or before December 21, 2020.

 (2) Underground storage tank systems installed after November 10, 2007, must meet the requirements in §§ 245.441—245.446 on or before December 22, 2019.

 (3) Underground storage tank systems installed after December 22, 2018, must meet the requirements in §§ 245.441—245.446 at installation.

 (c) Partial exclusions. Except as provided in paragraph (4), the following underground storage tanks systems are not required to comply with §§ 245.411, 245.421(b)(3) and (4)(ii) and (iii), 245.422(d), 245.432(g) and 245.436—245.446:

 (1) A wastewater treatment tank system installed on or after May 7, 1985, that is not part of a wastewater treatment facility regulated under sections 307(b) or 402 of the Clean Water Act (33 U.S.C.A. §§ 1317(b) and 1342).

 (2) An underground storage tank system installed on or after May 7, 1985, containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011—2296b-7).

 (3) An underground storage tank system installed on or after May 7, 1985, that is part of an emergency generator system at a nuclear power generation facility licensed by the United States Nuclear Regulatory Commission and subject to United States Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR Part 50 (relating to domestic licensing of production and utilization facilities).

 (4) An underground storage tank system referenced in paragraph (1), (2), or (3) installed before May 7, 1985, is not required to comply with §§ 245.411—245.422, 245.424, 245.432, 245.433 and 245.436—245.446.

 (d) Previously excluded underground storage tanks. Underground storage tank systems that were not required to be registered with the Department prior to December 22, 2018, shall be registered with the Department by February 20, 2019. Underground storage tanks include all of the following:

 (1) Field-constructed underground storage tanks installed on or before October 11, 1997, that the Department previously did not require to be registered as a matter of policy. These tanks are temporarily excluded from §§ 245.421, 245.422, 245.431, 245.432, 245.437 and 245.441—245.446, until December 22, 2019.

 (2) Underground storage tank systems referenced in subsection (c)(1)—(3) installed on or before December 22, 2018.

§ 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 of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:

*  *  *  *  *

INSPECTIONS

§ 245.411. Inspection frequency.

 (a) Inspection of underground storage tank systems. Underground storage tank owners or operators shall have their underground storage tank systems inspected by a certified inspector at the frequency in subsections (b) and (c). The inspection shall include 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. Newly installed underground storage tank systems shall be inspected between 6 to 12 months after installation. If the tank ownership changes, an inspection of the underground storage tank system shall be completed between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.

 (c) Subsequent inspections.

 (1) The interval between subsequent inspections may not exceed 3 years (36 months) beginning after the last inspection, except as provided in paragraph (2).

 (2) An inspection in addition to those required in subsection (b) and paragraph (1) 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 inspection is necessary to verify compliance with this subchapter.

 (d) Training. The Department may require facility owners and operators to successfully complete a release detection, release prevention or operator training course, such as those offered by Nationally recognized associations or professional industry trainers approved under § 245.141 (relating to training approval), when related violations are documented through an inspection. Owners and operators of underground storage tanks that the Department determines through inspection are failing to meet EPA guidelines for significant operational compliance shall be retrained in a manner consistent with the training recommended in Department guidance entitled ''Underground Storage Tank Class A and Class B Operator Training Courses.'' 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 tank, piping system, replacement or additional dispenser, or underground storage tank system, or within another reasonable time frame 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 an underground storage tank changing from unregulated to regulated service shall provide certification by a Department-certified installer that the underground storage tank system meets new underground storage tank system requirements, on a form provided by the Department, 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 steel and clad or jacketed with a non-corrodible material.

 (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 installed in accordance with paragraph (4)(ii). Whenever 50% or more 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 section. 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 (vi), 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 permanently installed:

 (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.

 (ii) Bypassing overfill protection is prohibited. For example, bypassing the ball float valve with coaxial stage-1 vapor recovery systems or a spill containment bucket drain valve is prohibited.

 (iii) Ball float valves may not be used to comply with this subsection when overfill prevention is installed or replaced after December 22, 2018.

 (iv) Existing 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.

 (v) Spill and overfill prevention equipment must be periodically tested or evaluated in accordance with § 245.437 (relating to periodic testing). Required tests shall be documented on a form provided by the Department and shall be maintained onsite at the storage tank facility or at a readily available alternative site.

 (vi) 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) Underground storage tank systems 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 and in accordance with the manufacturer's instructions.

 (ii) Spill prevention equipment 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.

§ 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 for corrosion protection prior to November 10, 2007. Existing lined tanks must meet the following conditions:

 (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 removal from service (out-of-service); and permanent closure and changes-in-service).

 (2) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements in § 245.421(b)(1)(ii)(B)—(D) and the integrity of the tank is ensured using one or more of the following methods:

 (i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system.

 (ii) 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. Owners and operators shall maintain records that demonstrate compliance with this requirement for the remaining life of the tank.

 (iii) The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than subparagraph (i).

 (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 in § 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 in § 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, underground storage tank systems must comply with underground storage tank system spill and overfill prevention equipment requirements in § 245.421(b)(3) and (4).

 (e) Under-dispenser containment. When an existing dispenser is replaced with another dispenser and equipment at or below the shear valve needed to connect the dispenser to the underground storage tank system is replaced, under-dispenser containment meeting the requirements in § 245.421(b)(4)(ii) is required. This equipment may include check valves, shear valves, vertical risers, flexible connectors or other transitional components. Under-dispenser containment shall also be installed when a major modification as defined in § 245.1 (relating to definitions) is performed at the dispenser area involving excavation beneath the dispenser.

§ 245.423. (Reserved).

GENERAL OPERATING REQUIREMENTS

§ 245.432. Operation and maintenance including corrosion protection.

 (a) Owners and operators of metal underground storage tank systems with corrosion protection shall comply with all of the following requirements to ensure that releases due to corrosion are prevented until the underground storage tank system is permanently closed or undergoes a change-in-service in accordance with § 245.452 (relating to permanent closure and changes-in-service).

 (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 tested 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.

 (iii) Documentation. Surveys of cathodic protection systems required under this chapter shall be documented on a form provided by the Department and shall be provided to the Department upon request.

 (3) Underground storage tank systems with impressed current cathodic protection systems shall be checked every 60 days to ensure the equipment is functioning as designed. 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 checks required in paragraph (3).

 (ii) The results of testing from the last two surveys 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) Underground storage tank systems and storage tank system components, including tanks, piping, line leak detectors, product sensors and probes, 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 (relating to temporary removal from service (out-of-service)) and § 245.452.

 (f) Primary and secondary containment structures, containment sumps and spill prevention equipment must be maintained in a leak-free condition. If any liquid or regulated substance is detected, the liquid or regulated substance shall be immediately removed and the defective component, if applicable, 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(4).

 (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 Part 261, Subpart B (relating to criteria for identifying the characteristics of hazardous waste and for listing hazardous waste) and 29 CFR Part 1910 (relating to occupational safety and health standards).

§ 245.433. Compatibility.

 (a) Owners and operators shall use an underground storage tank system made of or lined with materials that are compatible with the substance stored in the underground storage tank system.

 (b) Upon Department request, an owner and operator of an underground storage tank shall submit on a form provided by the Department information verifying compatibility of the underground storage tank system with the substance stored prior to storing the substance in the underground storage tank.

 (c) An owner and operator of an underground storage tank system shall demonstrate compatibility of the underground storage tank system with the substance stored by using one or more of the following:

 (1) Certification or listing of the underground storage tank system equipment or component by a Nationally recognized, independent testing laboratory for use with the substance stored.

 (2) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility with the substance stored, and be from the equipment or component manufacturer.

 (3) Verification by a Pennsylvania-licensed professional engineer who has knowledge, experience and training in materials science that the equipment or component is compatible with the substance stored. The Department may request documentation supporting the professional engineer's verification.

 (4) Another option that is determined by the Department to be at least as protective of human health and the environment as those in paragraphs (1)—(3).

§ 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) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Noncorrodible pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer's specifications.

 (4) Repairs to secondary containment areas of tanks and piping, containment sumps and spill prevention equipment shall be tested for tightness according to the manufacturer's instructions, a code of practice developed by a Nationally recognized association or independent testing laboratory prior to returning the underground storage tank system to operating status. All other repairs to tanks, containment sumps and piping shall be tightness tested in accordance with §§ 245.421(b)(4)(ii), 245.444(2) 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 underground storage tank 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) Another test method is used that is determined by the Department to be at least as protective of human health and the environment as listed in subparagraph (i).

 (5) 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.

 (6) 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 maintain records as required under this chapter and provide records, as requested, and cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors. Owners and operators shall provide records and cooperate fully in response to requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act (35 P.S. § 6021.107(c)).

 (b) Owners and operators shall maintain required records either onsite at the storage tank facility or at a readily available alternative site. Records maintained at the 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.

 (c) Reporting. Owners and operators shall submit the following applicable information to the Department:

 (1) Notification in accordance with § 245.41 (relating to tank registration requirements) for underground storage tank systems, including change of ownership, closure of an underground storage 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)).

 (2) Reports of confirmed releases (§ 245.305(c) (relating to reporting releases)).

 (3) A site characterization report (§ 245.310 (relating to site characterization report)).

 (4) 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)).

 (5) 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)).

 (6) In the case of permanent closure, closure records to the Department when requested.

 (d) Recordkeeping. Owners and operators shall maintain all of the following records for underground storage tank systems for the operational life of the system and retain the records for a minimum of 1 year after the underground storage tank system has been permanently closed:

 (1) 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)).

 (2) 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).

 (3) Documentation of underground storage tank system installation, modification and upgrade activities.

 (4) Underground storage tank system assessment records prior to upgrading in accordance with § 245.422(b).

 (5) 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).

 (6) Documentation of underground storage tank system repairs.

 (7) Tank lining evaluation reports (§ 245.432(d)).

 (8) 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)).

 (9) Documentation showing the owner or operator of an underground storage tank system is continuously participating in the USTIF.

 (10) The current Storage Tank Registration/Permit Certificate.

 (11) Tank and piping release detection records for the past 12 months, including written certifications or performance claims for the release detection methods in use (§ 245.446 (relating to release detection recordkeeping)).

 (12) 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 and this chapter.

 (13) Documentation of the last three impressed current cathodic protection system checks for each 60-day period in accordance with § 245.432.

 (14) The last two cathodic protection surveys, done at 3-year intervals, on impressed current and galvanic cathodic protection systems in accordance with § 245.432.

 (15) Results of the site investigation conducted at permanent closure or change-in-service (§ 245.455 (relating to closure records)).

 (16) A properly completed closure report required under § 245.452(f).

 (17) Documentation of the last test that demonstrates each containment sump and spill prevention equipment 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(4) (relating to repairs allowed).

 (18) Documentation of operator training, including verification of training for current Class A, Class B and Class C operators, current list of operators and written instructions or procedures for Class C operators in accordance with § 245.436 (relating to operator training).

 (19) For owners and operators conducting periodic testing of containment sumps and spill prevention equipment and evaluations of overfill prevention under § 245.437 (relating to periodic testing), documentation of the last test for the containment sump and spill prevention equipment and evaluation of the overfill prevention equipment.

 (20) For owners and operators conducting periodic testing of containment sumps and spill prevention equipment under § 245.437(a)(1)(i), documentation showing that the equipment is double-walled and the integrity of both walls is periodically monitored in accordance with § 245.438(a)(1)(i) (relating to periodic operation and maintenance walkthrough inspections) for as long as the equipment is monitored by walkthrough inspection.

 (21) Records of walkthrough inspections as required under § 245.438 for the past 12 months. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

 (22) Documentation of investigations of suspected releases in accordance with § 245.304 (relating to investigation and reporting of suspected releases).

§ 245.436. Operator training.

 (a) Requirement for trained operators.

 (1) An owner shall designate Class A, Class B and Class C operators for each underground storage tank system or storage tank facility that has underground storage tanks permitted to operate by the Department.

 (2) A storage tank facility may not operate unless operators have been designated and trained as required in this section, unless otherwise agreed upon by the Department.

 (3) Trained operators shall be readily available to respond to suspected/confirmed releases, other unusual operating conditions and equipment shut-offs or failures.

 (i) The Class A or Class B operator shall be available for immediate telephone consultation when a storage tank facility is in operation. A Class A or Class B operator must be able to be onsite at the storage tank facility within 24 hours.

 (ii) Storage tank facilities that dispense motor fuel for retail sales to the general public shall be manned by an onsite Class C operator when open for business with the public in accordance with 34 Pa. Code §§ 14a.115 and 14a.117 (relating to attended self-service stations; and supervision of dispensing). During an unexpected absence of a Class C operator, such as employee no-shows or call-offs, an onsite Class A or Class B operator may fill-in or temporarily substitute for the Class C operator. Storage tank facilities that do not dispense motor fuel to the general public may be manned based on the facility owner's requirements and routine operational needs. Emergency contact information and written instructions and procedures in the event of an emergency shall be immediately available upon request.

 (iii) For storage tank facilities that do not dispense motor fuel for retail sales to the general public, a Class C operator shall be available for immediate telephone consultation and shall be able to be onsite within 2 hours of being contacted. Emergency contact information and written instructions and procedures in the event of an emergency must be prominently displayed at the site and visible to the storage tank user.

 (4) A person may be designated for more than one class of operator.

 (b) Operator classes.

 (1) Class A operator. A Class A operator has primary responsibility to operate and maintain the underground storage tank system and facility. The Class A operator's responsibilities typically include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. In general, this person focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain the underground storage tank system and facility.

 (i) A Class A operator assists the owner by ensuring that underground storage tank systems are properly installed and expeditiously repaired, and records of system installation, modification and repair are retained and made available to the Department and certified IUM inspectors.

 (ii) A Class A operator shall be familiar with training requirements for each class of operator and may provide required training for Class C operators.

 (iii) A Class A operator may prepare site drawings that indicate equipment locations for Class C operators and routine maintenance checklists for Class B operators.

 (iv) Department-certified installers and inspectors with current underground storage tank UMX, UMI or IUM certification categories may perform Class A operator duties when employed or contracted by the tank owner to perform these functions.

 (A) Department-certified installers and inspectors identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d) (relating to inspection frequency).

 (B) A certified IUM inspector may not perform an inspection as required in § 245.411 for a facility where the inspector is also the designated Class A operator. (See § 245.106 (relating to conflict of interest).)

 (2) Class B operator. A Class B operator implements applicable underground storage tank regulatory requirements and standards in the field or at the storage tank facility. This person oversees and implements the day-to-day aspects of operations, maintenance and recordkeeping for the underground storage tank systems at one or more facilities. For example, the Class B operator ensures that release detection methods, release prevention equipment and related recordkeeping and reporting requirements are met, relevant equipment manufacturer's or third-party performance standards are available and followed, and appropriate persons are trained to properly respond to potential emergencies caused by releases or spills from underground storage tank systems at the facility.

 (i) A Class B operator checks spill and overfill prevention equipment and corrosion protection equipment to ensure that they are functioning properly and that any required system tests are performed at required intervals.

 (ii) A Class B operator assists the owner by ensuring that release detection equipment is operational, release detection is performed at the proper intervals and release detection records are retained and made available to the Department and certified IUM inspectors.

 (iii) A Class B operator shall be totally familiar with Class B and Class C operator responsibilities, and may provide required training for Class C operators.

 (iv) Department-certified installers and inspectors with current underground storage tank UMX, UMI or IUM certification categories may perform Class B operator duties when employed or contracted by the tank owner to perform these functions.

 (A) Department-certified installers and inspectors identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d).

 (B) A certified IUM inspector may not perform an inspection as required in § 245.411 for a facility where the inspector is also the designated Class B operator. (See § 245.106.)

 (3) Class C operator. A Class C operator is the first line of response to events indicating emergency conditions and may control or monitor the dispensing or sale of regulated substances. This person is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems and associated equipment failures. The Class C operator shall notify the Class A or Class B operator and appropriate emergency responders when necessary, based on the nature or type of emergency.

 (c) Required training.

 (1) Class A operators. A Class A operator shall successfully complete a training course approved under § 245.141 (relating to training approval) that includes a general knowledge of underground storage tank system requirements. Training must provide information that should enable the operator to make informed decisions regarding compliance and to ensure that appropriate persons are fulfilling operation, maintenance and recordkeeping requirements and standards of this chapter or Federal underground storage tank requirements in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)), or both, including the following:

 (i) Spill and overfill prevention.

 (ii) Release detection and related reporting requirements.

 (iii) Corrosion protection.

 (iv) Emergency response.

 (v) Product and equipment compatibility.

 (vi) Financial responsibility.

 (vii) Notification and storage tank registration requirements.

 (viii) Temporary removal from service (out-of-service) and permanent closure requirements.

 (ix) Operator training requirements.

 (2) Class B operators. A Class B operator shall successfully complete a training course approved under § 245.141 that includes an in-depth understanding of operation and maintenance aspects of underground storage tank systems and related regulatory requirements. Training must provide specific information on the components of underground storage tank systems, materials of construction, methods of release detection and release prevention applied to underground storage tank systems and components. Training must address operation and maintenance requirements in this chapter or Federal underground storage tank requirements in 40 CFR Part 280, or both, including the following:

 (i) Spill and overfill prevention.

 (ii) Release detection and related reporting requirements.

 (iii) Corrosion protection and related testing.

 (iv) Emergency response.

 (v) Product and equipment compatibility.

 (vi) Reporting and recordkeeping requirements.

 (vii) Class C operator training requirements.

 (3) Class C operators. At a minimum, training provided by the tank owner or Class A or Class B operator must be site-specific and enable the Class C operator to take action in response to emergencies, such as situations posing an immediate danger or threat to the public or to the environment and that require immediate action, caused by spills or releases and alarms from an underground storage tank system. Training must include written instructions or procedures for the Class C operator to follow and to provide notification necessary in the event of emergency conditions.

 (4) Class A and Class B operators. Successful completion for Class A and Class B operators means attendance for the entire training course and demonstration of knowledge of the course material as follows:

 (i) Receipt of a passing grade under § 245.141(b)(4), on an examination of material presented in the training course, or demonstration through practical (hands-on) application to the trainer, operation and maintenance checks of underground storage tank equipment, including performance of release detection at the storage tank facility, at the conclusion of onsite training.

 (ii) Receipt of a training certificate by an approved trainer upon verification of successful completion of training under this paragraph.

 (5) Costs of training. The tank owner or operator shall incur the costs of the training.

 (d) Timing of training.

 (1) An owner shall ensure that Class A, Class B and Class C operators are trained and identified on a form provided by the Department prior to placing the underground storage tank system into use.

 (2) When a Class A or Class B operator is replaced, a new operator shall be trained within 30 days of assuming duties for that class of operator.

 (3) Class C operators shall be trained before assuming duties of a Class C operator. Written instructions or procedures shall be provided to Class C operators to follow and to provide notification necessary in the event of emergency conditions. Class C operators shall be briefed on these instructions or procedures at least annually (every 12 months), which may be concurrent with annual safety training required by the Occupational Safety and Health Administration, under 29 CFR Part 1910 (relating to occupational safety and health standards).

 (e) Documentation.

 (1) The owner of a storage tank facility shall prepare a list of designated operators. The list must represent the current Class A, Class B and Class C operators for the storage tank facility and include:

 (i) The name of each operator, class of operation trained for and the date each operator successfully completed initial training and refresher training, if any.

 (ii) For Class A and Class B operators that are not permanently onsite or assigned to more than one facility, telephone numbers to contact the operators.

 (2) A copy of the certificates of training for Class A and Class B operators shall be on file and readily available and a copy of the facility list of Class A, Class B and Class C operators and Class C operator instructions or procedures shall be kept onsite and immediately available for storage tank facilities that dispense motor fuel for retail sales to the general public. Storage tank facilities that do not dispense motor fuel for retail sales to the general public shall have this information readily available. (See § 245.435(d)(18) (relating to reporting and recordkeeping).)

 (3) Class C operator or owner contact information, including names and telephone numbers, and emergency procedures shall be conspicuously posted at storage tank facilities that do not dispense motor fuel for retail sales to the general public.

§ 245.437. Periodic testing.

 (a) Owners and operators of underground storage tank systems shall ensure installed equipment for release detection and prevention is operating properly by meeting all of the following requirements:

 (1) Containment sumps used for interstitial monitoring of piping in accordance with § 245.444(6) (relating to methods of release detection for tanks) and spill prevention equipment must meet one of the following:

 (i) When the containment sump or spill prevention equipment is double-walled, the integrity of both walls shall be periodically monitored by maintenance walkthrough inspections as required under § 245.438 (relating to periodic operation and maintenance walkthrough inspections). If walkthrough inspections are discontinued, the owner and operator shall comply with subparagraph (ii) and conduct a test within 30 days of the last inspection.

 (ii) Containment sumps and spill prevention equipment shall be tested at least once every 3 years to ensure the equipment is liquid-tight by using vacuum, pressure or liquid.

 (2) Overfill prevention equipment shall be evaluated at least once every 3 years. At a minimum, the evaluation shall ensure that overfill prevention equipment is set to activate at the correct level specified in § 245.421(b)(3) (relating to performance standards for underground storage tank systems) and must activate when the regulated substance stored reaches that level.

 (3) Electronic and mechanical components of release detection equipment shall be tested for proper operation at least annually. At a minimum, required tests, as applicable to the facility, shall cover all of the following components and criteria:

 (i) Automatic tank gauges and other controllers must be tested by:

 (A) Testing alarm.

 (B) Verifying system configuration.

 (C) Testing battery backup.

 (ii) Probes and sensors shall be tested by:

 (A) Inspecting for residual buildup.

 (B) Ensuring that floats move freely.

 (C) Ensuring the shaft is not damaged.

 (D) Ensuring cables are free of kinks and breaks.

 (E) Testing alarm operability or running condition and communication with controller.

 (iii) Automatic line leak detectors shall be tested to meet criteria in § 245.445 (relating to methods of release detection for piping) by simulating a leak.

 (iv) Vacuum pumps and pressure gauges shall be tested to ensure proper communication with sensors and controller.

 (v) Handheld electronic sampling equipment associated with groundwater and vapor monitoring shall be tested to ensure proper operation.

 (b) Owners and operators of underground storage tank systems shall ensure tests and evaluations required under this section are performed in accordance with one of the following criteria:

 (1) Requirements developed by the manufacturer.

 (2) Code of practice developed by a Nationally recognized association or independent testing laboratory.

 (3) Requirements determined by the Department to be no less protective of human health and the environment than the requirements in paragraphs (1) and (2).

 (c) Owners and operators shall comply with the periodic testing requirements in this section as follows:

 (1) For underground storage tank systems installed on or before December 22, 2018, owners and operators shall ensure tests and inspections as required under this section are performed prior to the next required underground storage tank inspection occurring after December 22, 2019, or not later than December 21, 2021, whichever occurs first.

 (2) For underground storage tank systems installed after December 22, 2018, these requirements apply at installation.

 (d) Test liquids used to perform tests as required in this chapter shall be reused, treated or disposed in accordance with applicable requirements in Chapters 91, 92a, 260a—270a and 287—299.

§ 245.438. Periodic operation and maintenance walkthrough inspections.

 (a) To properly operate and maintain spill prevention and release detection equipment part of underground storage tank systems, no later than December 22, 2019, owners and operators shall conduct walkthrough inspections at a minimum of every 30 days, with the exception of spill prevention equipment at underground storage tank systems receiving deliveries at intervals greater than every 30 days, which may be checked prior to each delivery. The walkthrough inspection shall include, at a minimum, all of the following:

 (1) For spill prevention equipment:

 (i) Visually check for damage.

 (ii) Remove liquid or debris.

 (iii) Check for and remove obstructions in the fill pipe.

 (iv) Check the fill cap to make sure it is securely on the fill pipe.

 (v) For double-walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area.

 (2) For release detection equipment:

 (i) Check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present.

 (ii) Ensure records of release detection testing are reviewed and current.

 (b) To properly operate and maintain containment sumps and handheld release detection equipment part of underground storage tank systems, no later than December 22, 2019, owners and operators shall conduct walkthrough inspections at a minimum of every 12 months that include, at a minimum, all of the following:

 (1) For containment sumps:

 (i) Visually check for damage and the presence of liquid or debris.

 (ii) Remove liquid or debris.

 (iii) For double-walled sumps with interstitial monitoring, check for a leak in the interstitial area.

 (2) For handheld release detection equipment, check devices such as tank gauge sticks or groundwater bailers for operability and serviceability.

 (c) Owners and operators of underground storage tank systems shall ensure operation and maintenance walkthrough inspections required under this section are performed in accordance with one of the following criteria, unless the Department determines that a more stringent requirement is necessary to avoid releases of regulated substances from underground storage tank systems:

 (1) Requirements developed by the manufacturer.

 (2) Code of practice developed by a Nationally recognized association or independent testing laboratory.

 (3) Requirements determined by the Department to be no less protective of human health and the environment than the requirements in paragraphs (1) and (2).

RELEASE DETECTION

§ 245.441. General requirements for underground storage tank systems.

 (a) Owners and operators of new and existing underground storage tank systems shall provide a method, or combination of methods, of release detection that:

 (1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product.

 (2) Is installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition.

 (3) Meets the performance requirements in § 245.444 or § 245.445 (relating to methods of release detection for tanks; and methods of release detection for piping), with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods in §§ 245.444 and 245.445 must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of this subchapter with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.

 (i) Test method performance claims shall be verified by an independent third-party using leak rates that are unknown to the tester.

 (ii) When the EPA evaluation protocol for a method changes, the manufacturer shall reevaluate the method within 24 months of the new protocol's effective date for its continued use in this Commonwealth.

 (b) When a release detection method operated in accordance with the performance standards in §§ 245.444 and 245.445 indicates a release may have occurred, owners and operators shall investigate the suspected release 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).

 (c) Owners and operators of underground storage tank systems shall comply with the release detection requirements in 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).

§ 245.442. Periodic monitoring requirements for petroleum underground storage tank systems.

 (a) Owners and operators of underground storage tank systems that store petroleum installed after November 10, 2007, and underground piping installed after November 10, 2007, that routinely contain regulated substances shall perform interstitial monitoring in accordance with § 245.444(6) (relating to methods of release detection for tanks) at least once every 30 days. Underground piping installed after November 10, 2007, that conveys regulated substances under pressure 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). Release detection is not required for suction piping that meets the requirements in subsection (b)(2)(ii)(A)—(E).

 (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 in § 245.444(1)—(8).

 (2) Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:

*  *  *  *  *

§ 245.443. Requirements for hazardous substance underground storage tank systems.

 Owners and operators of hazardous substance underground storage tank systems shall provide release detection that meets the following requirements:

 (1) Hazardous substance underground storage tank systems installed after November 10, 2007, shall perform interstitial monitoring in accordance with § 245.444(6) (relating to methods of release detection for tanks).

 (2) Release detection at hazardous substance underground storage tank systems installed on or before November 10, 2007, must meet the following requirements:

 (i) Secondary containment systems.

 (A) Secondary containment systems shall be designed, constructed and installed to:

 (I) Contain regulated substances released from the tank system until they are detected and removed.

 (II) Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system.

 (III) Be checked for evidence of a release at least every 30 days.

 (3) The provisions of 40 CFR 264.193 (relating to containment and detection of releases) may be used to comply with the requirements in this paragraph.

 (i) Double walled tanks shall be designed, constructed and installed to:

 (A) Contain a release from any portion of the inner tank within the outer wall.

 (B) Detect the failure of the inner wall.

 (ii) External liners, including vaults, shall be designed, constructed and installed to:

 (A) Contain 100% of the capacity of the largest tank within its boundary.

 (B) Prevent the interference of precipitation or ground-water intrusion with the ability to contain or detect a release of regulated substances.

 (C) Surround the tank completely making it capable of preventing lateral as well as vertical migration of regulated substances.

 (4) Underground piping shall be equipped with secondary containment that satisfies the requirements in subparagraph (i) for example, trench liners, jacketing or double-walled pipe. In addition, underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).

 (5) Other methods of release detection may be used if owners and operators:

 (1) Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in § 245.444(1)—(8) can detect a release of petroleum.

 (ii) Provide information to the Department on effective corrective action technologies, health risks and chemical and physical properties of the stored substance, and the characteristics of the underground storage tank site.

 (iii) Obtain approval from the Department to use the alternate release detection method before the installation and operation of the new underground storage tank system.

§ 245.444. Methods of release detection for tanks.

 Each method of release detection for tanks used to meet the requirements in §§ 245.441 and 245.442 (relating to general requirements for underground storage tank systems; and periodic monitoring requirements for petroleum underground storage tank systems) shall be conducted in accordance with all of the following:

 (1) Manual tank gauging. Manual tank gauging shall meet the following requirements:

 (i) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank.

 (ii) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period.

 (iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest 1/8 of an inch.

 (iv) A leak is suspected and subject to Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Nominal Tank Capacity	Minimum Duration of Test	Weekly Standard (one test)	Monthly Standard (average of) four tests	Periodic Tightness Test Required
550 gallons or less	36 hours	10 gallons	5 gallons	No
551—1,000 gallons: 64" diameter tank	44 hours	9 gallons	4 gallons	No
551—1,000 gallons: 48" diameter tank	58 hours	12 gallons	6 gallons	No
551—1,000 gallons	36 hours	13 gallons	7 gallons	Yes

 (v) Owners and operators of underground storage tanks of greater than 1,000 gallons nominal capacity may not use this method to meet the requirements in this section.

 (2) 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.

 (3) 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) Tank gauges shall be certified by an independent third-party verifying the gauge's ability to detect the leak rate in subparagraph (i) following EPA evaluation protocol.

 (4) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:

 (i) The materials used as backfill are sufficiently porous—for example, gravel, sand or crushed rock—to readily allow diffusion of vapors from releases into the excavation area.

*  *  *  *  *

 (5) 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.

*  *  *  *  *

 (6) 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:

 (i) For double-walled underground storage tank systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product.

 (ii) For underground storage tank systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the underground storage tank system and the secondary barrier.

*  *  *  *  *

 (F) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432(b).

 (iii) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

 (7) Statistical Inventory Reconciliation (SIR). SIR shall meet the performance standards of paragraph (8)(i) for monthly monitoring.

 (i) The owner or operator shall follow the instructions of the SIR manufacturer's protocol.

 (ii) A separate report for each tank monitored shall be maintained by the owner or operator in accordance with § 245.446(2) (relating to release detection recordkeeping). Each report shall meet the following requirements:

 (A) A valid report shall include the calculated leak rate, positive for out of tank and negative for into tank, minimum detectable leak rate (MDL), leak detection threshold, probability of detection (Pd) and probability of false alarm (Pfa) which the supplied data supports.

 (B) A valid report shall also include one of the following test results:

 (I) If the calculated leak rate, absolute value, is less than the leak threshold and the MDL is less than or equal to the certified performance standard, the test result is ''pass.''

 (II) If the calculated leak rate, absolute value, is greater than the leak threshold, the test result is ''fail.''

 (III) If the MDL exceeds the certified performance standard and the calculated leak rate is less than the leak threshold, the test result is ''inconclusive.'' An inconclusive result is considered a suspected leak and shall be investigated in accordance with § 245.304 (relating to investigation and reporting of suspected releases).

 (8) Other methods. Other types of release detection methods, or a combination of methods, may be used if the owner or operator can demonstrate to the Department that one of the following exists:

 (i) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05.

 (ii) It can detect a release as effectively as any of the methods allowed in paragraphs (2)—(7). In comparing methods, the Department will consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with conditions imposed by the Department on its use to ensure the protection of human health and the environment.

§ 245.445. Methods of release detection for piping.

 Each method of release detection for piping used to meet the requirements in § 245.442 (relating to periodic monitoring 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 automatic line leak detector shall be conducted in accordance with the manufacturer's requirements.

 (i) Except as provided in subparagraph (ii), underground storage tank systems installed or replaced after November 10, 2007, must have automatic 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).)

 (ii) Owners and operators of underground storage tank systems that store fuel solely for use by emergency power generators shall install methods that trigger an audible or visual alarm to meet the requirements in this subsection.

 (iii) Except as provided in subparagraph (ii), pressurized piping installed on or before November 10, 2007, that conveys regulated substances must be equipped with a method that restricts or automatically shuts off the flow of regulated substances and meets the requirements in this section if the storage tank facility is unattended while open for business.

 (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(4)—(8) (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.

§ 245.446. Release detection recordkeeping.

 Underground storage tank system owners and operators shall maintain records in accordance with § 245.435 (relating to reporting and recordkeeping) demonstrating compliance with the applicable requirements of §§ 245.441—245.446 (relating to release detection). These records shall include the following:

 (1) Written performance claims pertaining to a release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the entire time the release detection system is in use at the facility.

 (2) The results of any sampling, testing or monitoring shall be maintained for at least 1 year, except that the results of tank tightness testing conducted in accordance with § 245.444(2) (relating to methods of release detection for tanks) shall be retained until the next test is conducted.

 (3) Written documentation of all calibration, maintenance and repair of release detection equipment permanently located onsite shall be maintained for at least 1 year after the servicing work is completed. Schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the entire time the equipment is in use at the facility.

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