[48 Pa.B. 1101]
[Saturday, February 24, 2018]
[Continued from previous Web Page]
Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK
SYSTEMS AND FACILITIES
GENERAL § 245.203. General requirements for permits.
(a) [Except as provided in subsections (b)—(d), a] A person may not operate an aboveground or underground storage tank system or storage tank facility, or install a storage tank system or facility covered by § 245.231 (relating to scope), unless the person has first applied for and obtained a permit for the activity from the Department under this subchapter.
(b) [A person is not required to submit a separate application for a permit if the storage tank system is subject to a permit-by-rule.] The storage tank system must be registered with the Department in accordance with Subchapter A (relating to general provisions) and be maintained and operated in compliance with the standards and requirements of the Department under the act and this chapter. Failure to comply with standards could result in administrative or other Departmental actions against the storage tank [owner/operator] owner and operator.
[(c) A person may continue to operate an existing storage tank system, registered with the Department on or before October 11, 1997, when the tank system is operated for its intended use, until the Department notifies the person to submit a permit application under this subchapter or the Department notifies the person the tank system is deemed permitted, if the person maintains and operates the storage tank system in compliance with the act and this chapter.
(d) Operation of existing storage tank systems will be allowed to continue until the Department takes final action on the permit application requested in subsection (c) or the Department notifies the person that the tank system is deemed permitted or that the permit is withheld or denied.
(e)] (c) Operating permits will be renewed automatically on an annual basis concurrent with registration. There will be no additional fee or paperwork required beyond the registration requirements.
[(f)] (d) The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported under § 245.41 (relating to tank registration requirements) in [temporary closure or] temporary removal from service (out-of-service) status. The Department may renew the permit when an amended registration form is received showing the tank returning from [temporary closure or] temporary removal from service status to an operating status.
[(g)] (e) A storage tank system may not be operated if the Department suspends, revokes or denies the tank operating permit. [A person may not deliver or place a regulated substance in a storage tank if the Department suspends, revokes or denies the tank operating permit.]
(f) A person may not deliver or place a regulated substance in a storage tank if the Department suspends, revokes or denies the tank operating permit, if the tank operating permit is in a withheld or withdrawn status, or if the tank operating permit has not been issued.
(g) The owner and operator of a storage tank system who causes or allows a violation of the act, this chapter, an order of the Department, a condition of a permit issued under the act or any other applicable law is subject to enforcement action including suspension, modification or revocation of the permit.
[PERMITS-BY-RULE] § 245.211. [Scope.] (Reserved).
[The following storage tank systems are subject to permit-by-rule for operation:
(1) Aboveground storage tank systems with a capacity less than or equal to 21,000 gallons, except highly hazardous substance storage tank systems.
(2) Underground manufactured storage tank systems storing petroleum.]
§ 245.212. [Minimum requirements for obtaining a permit-by-rule.] (Reserved).
[(a) A storage tank system listed in § 245.211 (relating to scope) shall be deemed to have a permit-by-rule for operation if the following conditions are met:
(1) The storage tank system is properly registered.
(2) Tank handling and inspection activities are performed by Department certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(3) If necessary, the corrective action process regulations in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) are followed.
(4) The storage tank system meets the applicable technical, administrative and operational requirements for underground tank systems specified in Subchapter E (relating to technical standards for underground storage tanks) or for aboveground tank systems specified in Subchapter G (relating to simplified program for small aboveground storage tanks).
(5) The owner of an underground storage tank system has met the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(6) If required, the owner submits a current Spill Prevention and Response Plan that meets the Department's requirement under Chapter 9 of the act (35 P.S. §§ 6021.901—6021.904).
(b) The owner/operator of a storage tank system who causes or allows violations of the act, regulations thereunder, an order of the Department, or a condition of a permit issued under the act is subject to administrative or other actions including suspension, modification or revocation of the permit.]
[GENERAL] OPERATING PERMITS § 245.221. [Scope.] (Reserved).
[Storage tank systems not covered by § 245.211 (relating to scope) are subject to general operating permits.]
§ 245.222. Application requirements.
Applications for [a general] an operating permit shall be submitted on a [Department] form provided by the Department. The application must certify the following:
* * * * * (3) In addition to the requirements [of] in paragraph (1), an owner of [an aboveground storage tank system shall meet the following requirements:] a large aboveground storage tank or large aboveground storage tank facility shall file a current Spill Prevention Response Plan that is in compliance with sections 901—904 of the act (35 P.S. §§ 6021.901—6021.904) with the Department.
[(i) A current Spill Prevention Response Plan, that is in compliance with Chapter 9 of the act (35 P.S. §§ 6021.901—6021.904), is filed with the Department.
(ii) For new tanks, proof that an appropriate tightness test of the aboveground tank system has been completed.]
SITE-SPECIFIC INSTALLATION PERMITS § 245.231. Scope.
(a) Site-specific installation permits are required prior to the construction, reconstruction or installation of one or more of the following:
(1) New aboveground storage tank systems with a capacity greater than 21,000 gallons at an existing large aboveground storage tank facility.
(2) New large aboveground storage tank facilities.
(3) New highly hazardous substance tank systems.
(4) New underground field constructed storage tank systems not installed within a previously registered underground storage tank system.
(b) Site-specific installation permit applications meeting the requirements in §§ 245.232(a)(1) and (2) and 245.236 (relating to general requirements; and public notice) are required to be approved prior to construction, reconstruction or installation. Additional application requirements include the following:
(1) Large aboveground storage tank system at a new facility or existing small aboveground storage tank facility requires compliance with § 245.232(a)(3) and (4) and (b).
(2) Large aboveground storage tank system at an existing large aboveground storage tank facility on new location requires compliance with § 245.232(a)(3) and (b).
(3) Large aboveground storage tank system at an existing large aboveground storage tank facility on the footprint of previous aboveground storage tank system requires compliance with § 245.232(b) and § 245.234(b) (relating to siting requirements).
(4) Small aboveground storage tank systems at a new large aboveground storage tank facility require compliance with § 245.232(a)(3) and (b).
(c) If the facility owner or operator can demonstrate that, on or before November 10, 2007, construction has commenced on an aboveground storage tank with a capacity greater than 30,000 gallons used or to be used for storing heating oil for consumptive use on the premises or on a tank regulated due to the addition of new regulated substances defined in § 245.1 (relating to definitions) [(See ''regulated substance'' (i)(C)(I) and (II)] (see subparagraphs (i)(C)(I) and (II)), the requirements of this section will not apply.
(d) Site-specific installation permits will expire 5 years from the date of issuance unless the Department receives a written extension request from the owner prior to the expiration date and grants an extension.
§ 245.232. General requirements.
(a) Applicants for site-specific installation permits shall provide the following:
* * * * * (b) In addition to the items required by subsection (a), owners of aboveground storage tank systems or facilities required to apply for a site-specific installation permit shall include:
(1) [A current Spill Prevention Response Plan that is in compliance with Chapter 9 of the act (35 P.S. §§ 6021.901—6021.904).] A Spill Prevention Response Plan for the facility that includes the proposed storage tank systems demonstrating compliance with sections 901—904 of the act (35 P.S. §§ 6021.901—6021.904).
(2) Proof of notification to the municipality and county prior to submitting the application for a site-specific installation permit under section 1101(a) of the act [(35 P.S. §§ 621.1101(a))] 35 P.S. § 6021.1101(a)) and § 245.236 (relating to public notice). Acceptable proof of notification includes, but is not limited to, copies of letters sent to the affected municipality and county and legal notices published in a newspaper of general circulation in the area where the project is proposed.
(c) Applications for site-specific installation permits shall be accompanied by the proper fee required by section 304(c) of the act (35 P.S. § 6021.304(c)) for aboveground storage tanks and section 504(c) of the act (35 P.S. § 6021.504(c)) for underground storage tanks.
§ 245.233. Mapping requirements.
(a) A site-specific installation permit application [shall] must contain maps and plans of the proposed storage tank system or facility site showing all of the following:
(1) The boundaries for the proposed facility site.
(2) The location of the proposed storage tanks.
[(2)] (3) The location and names of public roads within or adjacent to the proposed facility site.
[(3)] (4) The location of proposed monitoring wells.
[(4)] (5) The municipality and county.
[(5)] (6) The elevation and location of test borings and core samples.
[(6)] (7) The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines including mine openings within the proposed permit site.
[(7)] (8) Streams, lakes or surface watercourses located on or adjacent to the proposed permit site.
[(8)] (9) The location and ownership of public or private groundwater supplies within 2,500 feet of the proposed permit site.
[(9)] (10) Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit site.
(b) Maps, plans and cross sections required by this section shall be accurately surveyed and on a scale satisfactory to the Department, not less than 1 inch to 400 feet and in a manner satisfactory to the Department. The maps, plans and cross sections shall be prepared by a Pennsylvania registered professional engineer, Pennsylvania registered land surveyor or Pennsylvania registered professional geologist with assistance from experts in related fields.
§ 245.234. Siting requirements.
(a) The Department will not issue a site-specific storage tank system or facility installation permit if:
(1) The installation of storage tank systems and facilities is proposed on 100-year floodplains or a larger area that the flood of record has inundated unless [the] an industrial use on the proposed site was in existence as of August 5, 1989.
(2) The installation of storage tank systems and facilities is proposed in wetlands in a manner inconsistent with Chapter 105 (relating to dam safety and waterway management).
(3) The Department determines that construction design criteria or engineering specifications submitted by a professional engineer are not in accordance with generally accepted sound engineering practices or existing conditions at the site require mitigation to properly support the tank systems and the applicant's proposed mitigation actions are not deemed adequate.
(b) The applicant shall provide the following additional information if appropriate:
(1) Over areas underlain by carbonate bedrock, the applicant shall provide information and analysis to the Department which assesses the prevalence of solution channels and the potential for sinkholes at the facility site.
(2) If any part of a proposed facility has been previously mined by deep mining methods, the applicant shall provide the results of an engineering study of the proposed site by a Pennsylvania-registered professional engineer or Pennsylvania-registered professional geologist. The study must be detailed enough to assess the potential for and degree of surface subsidence. The study must also include methods which have been used or will be used to stabilize the surface. The applicant shall provide assurance that minerals providing surface support will not be mined as long as the facility stores regulated substances.
(3) A professional engineer's construction design criteria and engineering specifications necessary to mitigate surface or subsurface conditions which may result in excessive storage tank system settlement or unstable support of the applicant's proposed storage tank systems.
§ 245.235. Environmental assessment.
(a) An application for a site-specific installation permit must include an environmental assessment on a form prescribed by the Department.
* * * * * § 245.236. Public notice.
The owner of a proposed new large aboveground storage tank facility or proposed aboveground storage tank system with greater than 21,000 gallons capacity or proposed new highly hazardous substance tank shall provide written notice to the local municipality and county in which the proposed aboveground system or facility is to be located prior to submitting a permit application. The notice must inform the local municipality and county of the location, capacity and projected installation date of the proposed storage tank system and the substance to be stored in the tank.
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[, release confirmation] and corrective action requirements for owners and operators of storage [tanks] tank systems and storage tank facilities and other responsible parties.
§ 245.302. Scope.
This subchapter applies to releases of regulated substances from storage [tanks] tank systems regulated under the act.
§ 245.303. General requirements.
* * * * * (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 [of] 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 of suspected releases.
(a) The owner or operator of [storage tanks and storage tank facilities] a storage tank system or storage tank facility shall initiate and complete an investigation of [an indication of a release] a suspected release of a regulated substance as soon as practicable, but no later than 7 days after the indication of a release. An indication of a 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 [of unknown origin, at] 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 or groundwater.] 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) [If the investigation confirms that a reportable release has occurred, the owner or operator shall report the release in accordance with § 245.305 (relating to reporting releases) and initiate corrective action.] 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 in accordance with § 245.305 and initiate corrective action.
[(d) If the investigation confirms that a nonreportable release has occurred, the owner or operator shall take necessary corrective actions to completely recover or remove the regulated substance which was released.
(e)] (d) If the investigation confirms that a release has not occurred, further [investigation] corrective action by the owner or operator is not required.
§ 245.305. Reporting releases.
(a) The owner or operator of [storage tanks and storage tank facilities] 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 [reportable] release.
[(b) Upon the occurrence of a confirmed, nonre- portable release, the owner or operator shall take necessary corrective actions to completely recover or remove the regulated substance which was released.
(c)] (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, [relevant, available] information concerning impacts to water supplies, buildings or to sewer or other utility lines, and interim remedial actions planned, initiated or completed.
[(d)] (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 [reportable] release occurred, and each municipality where that release has impacted environmental media or water supplies, buildings or sewer or other utility lines.
[(e)] (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 [(d)] (c). Written notification under this subsection shall be made within 15 days of the discovery of the new impact.
[(f)] (e) Written notification required by this section [shall] must contain the same information as required by subsection [(c)] (b) and must be on a form provided by the Department.
[(g)] (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.
[(h) Upon the occurrence of a reportable release at the aboveground storage tank, the owner or operator of aboveground storage tank facilities with a] (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).
[(i) The owner or operator of storage tanks and storage tank facilities shall immediately notify the local fire authority where fire, explosion or safety hazards exist at the site.]
(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, the total volume of the release is recovered and removed within 24 hours of the release, and any defective storage tank system component that caused or contributed to the release is properly repaired or replaced:
(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 a hazardous substance to an aboveground surface, including within an emergency containment structure, that is less than its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601—9675) and 40 CFR Part 302 (relating to designation, reportable quantities, and notification).
(3) A release to a liquid-tight containment sump used for interstitial monitoring of piping in accordance with § 245.444(6) (relating to methods of release detection for tanks).
§ 245.306. Interim remedial actions.
(a) [Upon confirming that a release has occurred in accordance with § 245.304 (relating to investigation of suspected releases) or after a release from a storage tank is identified in another manner, the] 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 [sample] 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) [and (13)], (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 free product recovery affects or diminishes] 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.
* * * * * (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 [reportable] release has occurred in accordance with § 245.304 (relating to investigation of suspected releases) or after a [reportable] 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 [for input parameters] necessary for fate and transport analysis including hydraulic conductivity, source dimensions, hydraulic gradient, water table fluctuation and fraction organic carbon [necessary for fate and transport analysis].
(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 [established] 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 [and sampling] storage tanks and analyzing samples of the contents to determine the regulated substances stored in the tanks.
(3) [Tightness] Performing tightness testing or other release detection testing and monitoring to determine the structural integrity of the storage tank system.
(4) [Identify and sample] 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) A review of the site history.
(7) A review and analysis of data from 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 hydro-geologic zones and hydrogeologic zones with the potential to be affected.
(9) Drilling soil borings, conducting soil gas surveys and collecting soil samples to determine soil characteristics and the horizontal and vertical extent of soil contamination.
(10) Using piezometers, well points, monitoring wells and public and private wells to:
(i) Determine the direction of groundwater flow.
(ii) Determine soil, geologic, hydrogeologic and aquifer characteristics.
(iii) Measure the horizontal extent and thickness of free product.
(iv) Sample groundwater to determine the horizontal and vertical extent of groundwater contamination.
(11) A demonstration that groundwater is not used or currently planned to be used.
(12) Sampling surface water and sediments to determine the extent of surface water and sediment contamination.
(13) Assessing potential migration pathways, including sewer lines, utility lines, wells, geologic structures and hydrogeologic conditions.
(14) Performing site surveying and topographic mapping.
(15) Developing a conceptual site model that describes the sources of contamination, fate and transport of contaminants and potential receptors.
(16) Handling and disposing of site characterization wastes.
(17) Preparing and implementing a site-specific plan for the provision of the following:
(i) Worker health and safety in accordance with OSHA requirements established at 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) 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 site characterization data.
(18) An analysis of the data collected as a result of the site characterization.
(19) Selection of a remediation standard.
(20) If the site-specific standard is selected, performance of a risk assessment in accordance with Chapter 250, Subchapter F (relating to exposure and risk determinations).
(21) Recommendation of preferred remedial action options.
(22) Recommendation for further site characterization work.
(23) Developing a conceptual design of the selected remedial action options and identifying additional investigations or pilot studies needed to design and implement a detailed remedial action plan.
(24) Additional tasks necessary to characterize the site.]
(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 hydro-geologic 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) [The] A responsible party shall prepare and submit to the Department within 180 days of reporting a [reportable] release under § 245.305(a) (relating to reporting releases), or within an alternative time frame as determined by the Department, [two copies of] 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 [shall] 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 [and], 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) [The] 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 [tanks] 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 description of further site characterization work needed.] 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 [conclusions that demonstrate] analysis to demonstrate that the site characterization objectives [outlined] 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 [describing] 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) Worker health and safety in accordance with OSHA requirements established at 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)] (i) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.
[(iii) A] (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 discussion of the remedial action options selected to remediate the site.] 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 conceptual design of the remedial action options selected.
(34) A report of additional tasks performed to characterize the site.]
(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.
[(6) Review the site characterization report without further action.]
(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 [of] 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 shall 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[, two copies of a remedial action plan prior to implementation of the remedial action plan]. The remedial action plan [must] shall 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 [worker health and safety,] management of wastes generated and quality assurance/quality control procedures, as they relate to the remedial action, if different from the plans submitted in accordance with § 245.310(a)(25).
* * * * * (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) [Review the site characterization report and remedial action plan without further action.] 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) [Review the remedial action plan without further action.] Publish a notice of its final action in the Pennsylvania Bulletin.
* * * * * § 245.312. Remedial action.
* * * * * (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:
* * * * * (4) Quantitative analytical results from replacement water supply system, groundwater, surface water, soil and sediment sampling.
* * * * * (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.
[(10)] (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 [shall] must be complete and concisely organized and [shall] 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).
[(1)] (2) When the background standard has been attained, the remedial action completion report shall include the requirements [of] in § 250.204(f) and (g) (relating to final report).
[(2)] (3) When the Statewide health standard has been attained, the remedial action completion report shall include the requirements [of § 250.312(b)—(h)] in § 250.312(a)—(h) (relating to final report).
[(3)] (4) When the site-specific standard is attained, the remedial action completion report shall include the requirements [of § 250.411(c)—(f)] in § 250.411(c), (d) and (f) (relating to final report).
[(4)] (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) [Review the remedial action completion report without further action.] 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 [tanks] tank systems regulated under the act and this chapter.
§ 245.403. Applicability.
(a) General. The requirements [of] 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 [subsection (b)] subsections (c) and (d).
[(b) Deferrals. Sections 245.441—245.446 (relating to release detection) do not apply to an underground storage tank system that stores fuel solely for use by emergency power generators.
(c) Temporary exclusions. Existing tanks that become regulated due to the addition of new regulated substances in § 245.1 ((relating to definitions) (See the definition of ''regulated substance'' (i)(C)(I) and (II))) are subject to this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the requirements of §§ 245.421, 245.422, 245.431, 245.432 and 245.441—245.446, until November 10, 2010.]
(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 _____ (Editor's Note: The blank refers to 730 days after the effective date of adoption of this proposed rulemaking.).
(2) Underground storage tank systems installed after November 10, 2007, must meet the requirements in §§ 245.441—245.446 on or before _____ (Editor's Note: The blank refers to 365 days after the effective date of adoption of this proposed rulemaking.).
(3) Underground storage tank systems installed after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), must meet the requirements in §§ 245.441—245.446 at installation.
(c) Partial exclusions. 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 that is not part of a wastewater treatment facility regulated under section 307(b) or 402 of the Clean Water Act (33 U.S.C.A. §§ 1317(b) and 1342).
(2) An underground storage tank system 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 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).
(d) Previously excluded underground storage tanks. Underground storage tank systems that were not required to be registered with the Department prior to _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), shall be registered with the Department by _____ (Editor's Note: The blank refers to 30 days after the effective date of adoption of this proposed rulemaking.). Underground storage tanks include all of the following:
(1) Field-constructed underground storage 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 _____ (Editor's Note: The blank refers to 365 days after the effective date of adoption of this proposed rulemaking.).
(2) Underground storage tank systems referenced in subsection (c)(1)—(3) installed on or before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
§ 245.404. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the [owner/operator] owner of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:
* * * * *
[FACILITY] INSPECTIONS § 245.411. Inspection frequency.
(a) Inspection of [tanks] underground storage tank systems. Underground storage tank owners or operators shall have their underground storage tank [facility] systems inspected by a certified inspector at the frequency [established in subsections (b)—(d)] in subsections (b) and (c). The inspection [must include, but not be limited to,] 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.
(1) Storage tank facilities with tank systems installed prior to December 1989, shall be inspected prior to October 11, 1999.
(2) Newly installed storage tank systems shall be inspected between 6 to 12 months after installation. If the facility ownership changes, an inspection of the facility shall be completed between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.
(3) Storage tank facilities not inspected in accordance with paragraph (1) or (2) shall have an initial inspection by October 11, 2002.
(c) Subsequent routine facility inspections.
(1) The interval between subsequent routine facility inspections may not exceed 3 years (36 months) commencing after the last inspection, except as provided in the phase-in periods in paragraph (2).
(2) On November 10, 2007, existing facilities with routine inspections scheduled more than 3 years from this date shall be inspected by the following dates, unless notified otherwise by the Department:
(i) Before August 8, 2008, if currently scheduled for inspection between November 10, 2010, and August 7, 2011, inclusive.
(ii) Before August 8, 2009, if currently scheduled for inspection between August 8, 2011, and August 7, 2013, inclusive.
(iii) Before August 8, 2010, if currently scheduled for inspection after August 7, 2013.
(d) Additional inspections and mandatory training. Inspections in addition to those in subsections (b) and (c) may be required by the Department when the prior inspection determined release detection, corrosion protection or operational violations occurred, or when the Department determines the inspections are necessary to verify compliance with this subchapter. The Department may require facility owners and operators to successfully complete a release detection or operator training course, such as those offered by PEI or professional industry trainers approved under § 245.141 (relating to training approval), when related violations are documented through an inspection. The owner or operator shall incur the costs of the training.]
(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 [new or replacement tank or underground storage tank system installed after January 9, 2008,] 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 a tank system changing from unregulated to regulated service shall provide certification by a Department-certified installer or inspector that the tank system meets new tank system requirements, using the registration form (See § 245.41 (relating to tank registration requirements)) prior to placing product into the tank and operating the storage tank system.] 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] Nationally recognized association or independent testing laboratory, using one of the following methods:
(i) The tank is constructed of fiberglass-reinforced plastic.
(ii) The tank is constructed of steel and cathodically protected in the following manner:
(A) The tank is coated with a suitable dielectric material.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3) (relating to operation and maintenance including corrosion protection).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) [The tank is constructed of a steel-fiberglass-reinforced-plastic composite.] 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 [and dispenser pan sumps] installed in accordance with paragraph (4)(ii). Whenever 50% or more [than 50%] of the existing piping that routinely contains and conveys product from the tank is replaced, the entire piping system that routinely contains and conveys product from the tank shall be replaced meeting the requirements for new piping systems in this [subsection] 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] Nationally recognized association or independent testing laboratory using one of the following methods:
(i) The piping or component is constructed of nonmetallic material such as fiberglass reinforced plastic or other noncorrodible and UL listed material.
(ii) The piping or component is constructed of metal and cathodically protected in the following manner:
(A) The piping is coated with a suitable dielectric material. The wrapping of piping with tape or similar material alone does not meet this requirement.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The piping is constructed of metal without additional corrosion protection measures if:
(A) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the piping.
(3) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph [(iv)] (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.
[(III) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm 1 minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.]
(ii) [Bypassing overfill protection is prohibited for example, bypassing the flow vent valve with coax vapor recovery or a spill bucket drain valve is prohibited.] 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 _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
[(iii) Ball] (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.
[(iv)] (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) [Tanks and piping] Underground storage tank systems shall be properly installed and system integrity tested in accordance with a code of practice developed by a [Nationally-recognized] Nationally recognized association or independent testing laboratory [such as API 1615 and PEI RP100,] and in accordance with the manufacturer's instructions.
(ii) [Newly installed spill containment buckets, tank-top sumps, dispenser pans] 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] 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] Nationally recognized association, and in accordance with manufacturer's instructions. [When ball float valves are used, the valve shall be installed with extractor fitting and ball floats must be readily accessible (not requiring excavation) for removal and operational verification.
(c) Certification of installation. Owners and operators shall ensure that a certified installer has installed the tank system by providing a certification of compliance on an appropriate form provided by the Department.]
§ 245.422. Upgrading of existing underground storage tank systems.
(a) Alternatives allowed. By December 22, 1998, existing underground storage tank systems shall comply with one of the following requirements:
(1) Underground storage tank system performance standards under § 245.421(b) (relating to performance standards for underground storage tank systems).
(2) The upgrading requirements in subsections (b)—(d).
(3) Closure requirements under §§ 245.451—245.455 (relating to out-of-service underground storage tank systems and closure), including applicable requirements for corrective action under Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(b) Tank upgrading requirements. Steel tanks shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a [Nationally-recognized] Nationally recognized association or independent testing laboratory:
(1) Interior lining. [A tank may only be upgraded by internal lining prior to November 10, 2007. The following conditions of existing lined tanks shall be met:] 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 [closure] 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 [of § 245.421(1)(ii)(B)—(D)] 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 has been installed for less than 10 years and is monitored monthly for releases in accordance with § 245.444(4)—(9) (relating to methods of release detection for tanks).
(iii) The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of § 245.444(3). The first tightness test shall be conducted prior to installing the cathodic protection system. The second tightness test shall be conducted between 3 and 6 months following the first operation of the cathodic protection system.
(iv)] (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.
[(v)] (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 [subparagraphs (i)—(iii)] 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 [of] 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)]
(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] Nationally recognized association or independent testing laboratory and meets the requirements [of] 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, [existing] underground storage tank systems must comply with [new] underground storage tank system spill and overfill prevention equipment requirements in § 245.421(b)(3) and (4).
(e) [Under dispenser containment. When a vertical riser, dispenser and interconnected piping and fittings are added to a storage tank system or a dispenser is replaced, involving major modifi- cation, the dispenser must have containment (liquid-tight dispenser pan) meeting requirements in § 245.421(b)(4)(ii).] 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. [Registration requirements.] (Reserved).
[(a) An underground storage tank shall be registered with the Department prior to adding a regulated substance. The owner of a tank that was in use after May 8, 1986, shall have notified the Department of the system's existence.
(b) Owners required to submit notices under subsection (a) shall provide notices to the Department for each tank they own. Owners may provide notice for several tanks using one registration form, but owners who own tanks located at more than one facility shall file a separate registration form for each separate facility.
(c) Notices required to be submitted under subsection (a) shall provide all of the requested information on the registration form for each tank for which notice is required to be given.
(d) Owners and operators of new underground storage tank systems shall certify compliance with the following requirements in the registration form provided by the Department:
(1) Installation of tanks and piping under § 245.421(c) (relating to performance standards for new underground storage tank systems).
(2) Cathodic protection of steel tanks and piping under § 245.421(b)(1) and (2).
(3) Financial responsibility under Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).
(4) Release detection under §§ 245.442 and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).
(5) Use of a Department-certified installer under § 245.21 (relating to tank handling and inspection requirements).
(e) Beginning October 24, 1988, a person who sells a tank intended to be used as an underground storage tank or a property containing an existing tank system shall notify the purchaser, in writing, of an owner's obligations under subsection (a). The following form may be used to comply with this requirement:
Federal law (the Resource Conservation and Recovery Act) and Commonwealth law (the Storage Tank and Spill Prevention Act) require that the owner of a regulated underground storage tank notify the Pennsylvania Department of Environmental Protection of the existence of its tank.
Notification for tanks brought into service after August 5, 1989, must be made prior to placing the tank system into service. Consult EPA 40 CFR Part 280 and PA Code Title 25 Chapter 245 to determine if you are affected by these laws.
(f) Every owner, including a new owner of an existing tank system, shall comply with tank registration requirements in Subchapter A (relating to general provisions).]
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