[27 Pa.B. 5341]
[Continued from previous Web Page] 1. Section 245.501. Purpose.
This section states the purpose of Subchapter F, which is to set forth technical standards and requirements for large aboveground storage tanks regulated under the act.
2. Section 245.502. Scope.
This section requires adherence to current industry codes of practice, manufacturer's specifications and sound engineering practices for compliance with the standards and requirements set forth in this proposed subchapter. This section also establishes how this subchapter relates to other regulatory and jurisdictional requirements.
3. Section 245.503. Variances.
This section establishes a procedure for owners/operators to apply for a variance or waiver from the requirements of this proposed subchapter when unique or peculiar circumstances make compliance technically infeasible or unsafe and alternate methods fully protect human health and the environment.
4. Section 245.504. Referenced organizations.
This section provides a listing of Nationally recognized associations which are referenced throughout this subchapter, and whose codes, standards and practices may be used to comply with this subchapter. The Department could have included these specific codes in this rulemaking. However, given the fairly rapid change in technology and the continuing revisions of current industry standards, the Department believes that a technical guidance document offers more flexibility and would allow response to changes more easily than the current rulemaking process.
As noted, the Department maintains a technical manual for installers and inspectors that provides more detailed information and diagrams from industry codes of practice which may be used to satisfy the requirements of this subchapter. The Department intends to expand this manual, update it as necessary and make it available to owner/operators, as well as installers and inspectors, to assist them in determining which codes and practices are applicable to their specific requirements.
5. Section 245.511. General operations and maintenance.
This section provides the requirement that storage tank facility owner/operators must establish a formal operations and maintenance program.
6. Section 245.512. Facility operations and spill response plan.
This section addresses the requirement to establish a Spill Prevention Response Plan (SPR Plan) as described in Chapter 9 of the act, and this chapter. The Department has published a technical document which provides detailed guidelines on how to develop and implement the plans. It is not the intention of the Department to require individuals to prepare a separate SPR Plan if all the required information needed in the SPR Plan is part of an existing Plan developed for another purpose. Submission of an existing Plan, an existing Plan with any additional addendum needed to satisfy the SPR Plan requirements, or a new SPR Plan would be satisfactory to the Department. The Department is concerned that the required information and notifications are addressed in the Plan, that the Plan is kept current, and that the Plan when implemented, adequately addresses a spill.
7. Section 245.513. Preventive maintenance and housekeeping requirements.
This section provides for preventive maintenance and housekeeping requirements. It establishes owner/operator routine maintenance inspection procedures which include: daily checks of the facility during routine operations, or electronic surveillance during nonroutine operating hours or for unmanned facilities when product transfers are taking place. This section also establishes monthly maintenance inspection requirements that correlate with current industry practices.
8. Section 245.514. Security.
This section provides the requirement that owner/operators are to establish appropriate security measures and procedures. While several key considerations are addressed, specific requirements will vary considerably based on facility design, location, substances stored and fire marshal or local jurisdictional requirements. Therefore, meeting this performance standard in the most efficient manner is a choice left to the owner/operator.
9. Section 245.515. Labeling/marking of aboveground tank systems.
This section provides a performance standard for labeling or marking of aboveground storage tank systems and allows for flexibility for owners/operators to develop a suitable means for identifying substance flow and control points when transfer of regulated substance is taking place. Facilities with existing methods that comply with current industry practices and jurisdictional requirements should satisfy requirements of this subchapter.
10. Section 245.516. Recordkeeping requirements.
This section establishes recordkeeping requirements, identifies specific documentation to be retained and the retention periods.
11. Section 245.521. Performance standards for aboveground storage tanks.
This section outlines performance requirements and identifies specific sections of the design, construction and installation portion of this subchapter which must be adhered to in order to comply with performance requirements.
12. Section 245.522. New aboveground tank installations and reconstructions.
This section provides the requirements for design, construction, reconstruction, relocation and the associated testing and inspection of aboveground storage tanks according to current industry codes of practice and manufacturer's specifications. Field constructed storage tanks and reconstructed storage tanks must be hydrostatically tested (following American Petroleum Institute recommendations in API Standard 653) unless other suitable testing methods are approved by the Department.
13. Section 245.523. Aboveground storage tanks in underground vaults.
This section provides requirements for when an owner/operator chooses to install an aboveground storage tank in an underground vault. These requirements are consistent with State Fire Marshal requirements in 37 Pa. Code Chapter 14 (relating to vaults for the storage of flammable and combustible liquids--statement of policy).
14. Section 245.524. Aboveground tank modifications.
This section provides requirements for modifying existing aboveground storage tanks and the associated testing and inspection of the completed modification. These requirements follow current industry standards and manufacturer's specifications.
15. Section 245.525. Ancillary equipment for aboveground storage tanks.
This section addresses design, installation and maintenance requirements for ancillary equipment, including vents and control valves.
16. Section 245.526. Piping for aboveground storage tanks.
This section provides design, construction and testing requirements for new and replacement piping. Piping shall be tested and inspected in accordance with current industry practices. As a result of the passage of Act 34, regulated piping associated with an aboveground storage tank is that piping which is within the emergency containment area surrounding the aboveground storage tank.
17. Sections 245.531--245.533. Corrosion and deterioration prevention.
These sections provide requirements for general corrosion and deterioration prevention and describes what is required for cathodic protection systems if needed for corrosion protection.
18. Section 245.534. Interior linings and coatings.
This section provides requirements for coating or lining systems used to protect tank interiors and tank bottoms from corrosion. These requirements are consistent with current industry practices.
19. Sections 245.541--245.543. Release prevention and leak detection.
These sections establish requirements for overfill prevention, emergency containment, secondary containment and leak detection. Containment permeability standards for secondary containment and new emergency containment structures are consistent with Department technical guidance and current industry practice. A professional engineer must verify that existing emergency containment structures coupled with tank monitoring equipment and the facility response plan are designed to prevent contamination of the waters of this Commonwealth. In addition, all transfers of regulated substances to a tank within the emergency containment must be monitored for the duration of the transfer. Usage of the term ''emergency containment'' is consistent with the definition in Subchapter A of this rulemaking package. This definition correlates with industry use of the term ''secondary containment.'' ''Secondary containment'' is currently defined by section 103 of the act, however, and the Department is bound by that definition.
Phase-in periods are established for existing tank systems. Double walled tanks, double bottom tanks, dikes, berms, retaining walls, vaults, curbing, retention basins, holding tanks, sumps and other containment structures of sufficient impermeability may be used to achieve compliance with containment requirements.
20. Sections 245.551--245.554. Aboveground storage tank inspections.
These sections establish inspection criteria consistent with section 301(a)(2) and (c) of the act and § 245.21 (relating to tank handling and inspection requirements). Department certified third-party inspectors must be used to inspect storage tank installation and major modification activities and to perform in-service inspection and out-of-service inspection of storage tank systems at specific intervals. These intervals are based on corrosion rates determined in a manner that is consistent with current industry practices. Phase-in periods are provided for beginning in-service inspections and out-of-service inspections at existing storage tank facilities.
21. Sections 245.561 and 245.562. Closure and removal from service requirements.
These sections provide procedures for permanent closure (removal and decommissioning) of storage tank systems, procedures for change-in-service to an unregulated substance or unregulated use and procedures for temporary removal from service of storage tank systems. The amendments allow storage tank systems to be temporarily taken out-of-service for up to 5 years; however, corrosion and deterioration requirements, leak detection requirements, maintenance requirements and inspection requirements must be adhered to during the temporary out-of-service period.
Subchapter G. Simplified Program for Small Aboveground Storage Tanks
This new subchapter is necessary to establish minimum requirements to regulate small aboveground storage tanks under section 301(d) of the act. There are no corresponding Federal regulations for small aboveground storage tanks.
1. Section 245.601. Purpose.
This section states the purpose of Subchapter G, which is to set forth technical standards and requirements for small aboveground storage tanks having a capacity equal to or less than 21,000 gallons and regulated under the act.
2. Section 245.602. Scope.
This section establishes the Department's intent to apply current industry codes of practice, manufacturer's specifications and sound engineering practices for compliance with the performance standards and requirements set forth in this subchapter. Adherence to manufacturer's specifications is especially important for this class of storage tanks, as small aboveground storage tanks are almost exclusively shop-built tanks. This section also establishes how this subchapter relates to other regulatory and jurisdictional requirements.
3. Section 245.603. General storage tank facility requirements.
This section provides that owner/operators of facilities, with an aggregate storage capacity greater than 21,000 gallons, must establish a SPR Plan as described in Chapter 9 of the act. The Department has published a technical document which provides detailed guidance on how to develop and implement the Plans.
This section also provides that owner/operators are to establish appropriate security measures and procedures. Several key considerations are addressed. Specific requirements at each site will vary considerably based on facility design, location, substances stored, fire marshal requirements and local jurisdictions.
4. Section 245.604. Referenced organizations.
This section provides a listing of Nationally recognized associations which are referenced throughout this subchapter, and whose codes, standards and practices may be used to comply with this subchapter. The Department could have included these specific codes in this rulemaking. However, given the fairly rapid change in technology and the continuing revisions of current industry standards, the Department believes that a technical guidance document offers more flexibility and would allow response to changes more easily than the current rulemaking process.
As noted, the Department maintains a technical manual for installers and inspectors that provides more detailed information and diagrams from industry codes of practice which may be used to satisfy the requirements of this subchapter. The Department intends to expand this manual, update it as necessary and make it available to owner/operators, as well as installers and inspectors, to assist them in determining which codes and practices are applicable to their specific situations.
5. Section 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
This section provides requirements for testing new storage tanks at installation and for testing existing storage tanks that receive major modifications to the tank shell or the tank bottom. Testing must be consistent with a current industry code of practice and manufacturer's specifications.
6. Section 245.612. Performance and design standards.
This section provides performance standards for the design and construction of new storage tank systems and modification or upgrading of existing storage tank systems, or both. These standards are consistent with current industry standards, manufacturer's specifications and sound engineering practices. This section refers to the standards in Subchapter F for aboveground storage tanks installed in underground vaults and used for dispensing Class I and Class II motor fuels (see discussion of § 245.523) and for tanks which are internally lined (see discussion of § 245.534).
This section also establishes requirements for secondary containment in, around or under tanks to provide monitoring capability to meet leak detection requirements. In most situations, stationary foundations for horizontal and saddle mounted tanks will satisfy this requirement. Emergency containment requirements are also addressed. Emergency containment is required to contain releases from overfills, leaks and spills and may also suffice as secondary containment for monitoring and leak detection requirements. Emergency containment must be sufficiently impermeable to contain any potential release until the release can be detected and expeditiously removed (see discussions of §§ 245.541--245.543).
A variety of containment structures may be used to satisfy secondary containment and emergency containment performance standards. These include double walled tanks, double walled piping, double bottom tanks, dikes, berms, retaining walls, vaults, curbing, retention basins, holding tanks, sumps and other containment structures of sufficient impermeability. In the case of tanks, the containment structure must also have sufficient capacity to retain 110% of the capacity of the largest tank in the containment area.
7. Section 245.613. Monitoring standards.
This section establishes performance standards for leak detection and owner/operator maintenance procedures. Any appropriate form of leak detection, including visual examination, may be used to satisfy leak detection requirements. Maintenance and general operations must be checked at least once a month. The Department will provide a sample monthly maintenance checklist in the updated technical manual, which may be used by owner/operators to satisfy the requirement of documenting monthly maintenance checks. Owners may establish written agreements with operators or with a third-party to conduct and record monthly maintenance checks. It is very important to note, however, that the underlying statutory liability remains, in most cases, with the tank owner as well as the tank operator. The Department does not limit its right to enforce the act and the regulations promulgated under the act against any person defined as a responsible party by the act.
8. Section 245.614. Requirements for closure.
This section provides for closure (removal or decommissioning) of existing storage tanks. Owners/operators must document closures or changes in the service status of each tank, or both, on the Tank Registration Form provided by the Department. Documentation shall be provided to the Department within 30 days after completing a permanent closure or change in service status of a small aboveground storage tank, or both. Until the Department receives notification that a tank is temporarily removed from service, a tank is considered to be in-service and must comply with all regulatory requirements.
9. Section 245.615. Recordkeeping requirements.
This section establishes recordkeeping requirements, identifies specific documents to be retained and the retention periods.
10. Section 245.616. Inspection requirements.
This section establishes inspection criteria consistent with sections 301(a)(2) and (c) of the act and § 245.21. Department certified third-party inspectors must be used to perform in-service inspections of small aboveground storage tank systems at specific intervals as well as inspecting the installation, reconstruction, relocation and major modification activities performed on all field constructed storage tanks. Because almost all small aboveground storage tanks are shop-built, this latter requirement is not expected to have much impact on owners/operators of these storage tanks. Phase-in periods are provided to begin in-service inspections at existing storage tank facilities.
E. Summary of Comments and Responses on the Proposed Rulemaking
The Department received comments from 23 individuals as a result of a public hearing held on August 7, 1996, and a 60-day public comment period that followed publication of the proposed rulemaking at 26 Pa.B. 3073 (June 29, 1996). The Independent Regulatory Review Commission (IRRC) submitted written comments to the Department on September 25, 1996. Additionally, STAC reviewed the proposed rulemaking and submitted a written report to the Board.
Several sections of the proposed rulemaking are modified in the final rulemaking based upon these comments. A list of commentators, a detailed summary of their comments and the Department's responses are available from the contact persons listed in Section B of this Preamble. In addition, between the time the Board approved the proposed amendments and their publication, Act 34 became effective. A number of modifications to Chapter 245 and the proposed amendments have been made based upon Act 34. A summary of the significant comments is provided as follows:
Subchapter A. General Provisions
1. Section 245.1. Definitions.
One commentator was unsure as to whether the terms defined in this section applied to both underground and aboveground storage tank systems. The Department has placed all definitions in this section so that they apply to all storage tank systems unless specifically indicated otherwise in the substantive portions of these regulations.
Several commentators noticed that the definition of ''aboveground storage tank'' had not been changed to reflect the most recent revisions to the act. The publication of the proposed amendments occurred prior to the passage of Act 34 which amended the act. The final rulemaking has been amended to incorporate changes to the definition of ''aboveground storage tank'' as well as all other changes which resulted from the passage of Act 34.
Several commentators expressed concern that the Department's definition of ''de minimis'' is too restrictive if based on Material Safety Data Sheet (MSDS) information and that the use of the MSDS as a basis does not consider the relative hazards of a particular substance and may over or understate the risk if a substance is released. The commentators suggested that the definition should be based on CERCLA reportable release quantities or relative risk of the substance stored. The commentators stated that if the MSDS approach is retained, the Department should provide specific listing criteria (for example, 1% concentration standard for noncarcinogens and .1% standard for carcinogens).
The Department believes that the definition of ''de minimis'' takes into consideration the concentrations of hazardous substances. The reference to 1% and 0.1% is precisely what is reported on the MSDS. The use of the MSDS does not create any new testing or reporting requirements on the part of the tank owner or operator. Conversely, the use of CERCLA reportable release quantities can be onerous in that the tank owner or operator would be required to frequently quantify the contents of the tank to see if the contents were within CERCLA reportable quantities. Additional unnecessary and burdensome costs and requirements would follow where risk assessments would need to be performed, especially where the tank contents varied frequently over time. For these reasons, the Department has retained the proposed definition of ''de minimis'' in the final rulemaking.
Confusion between the terms ''secondary containment'' and ''emergency containment'' was expressed by some commentators. The Department realizes that common use of the term ''secondary containment'' in industry applies to a structure that contains a release. Section 103 of the act, however, defines ''secondary containment'' as an additional layer of impervious material creating a space in which a release can be detected (release detection). Since the Department cannot change the statutory definition, the term ''emergency containment'' has been defined in this final rulemaking to be a containment structure which serves to convey, capture and contain the total volume of an anticipated release from an aboveground storage tank or an underground storage tank. As they relate to these regulations, the term ''secondary containment'' applies to release detection, and the term ''emergency containment'' applies to containment of a release.
Several commentators thought that the definition of ''highly hazardous substance tank'' should be tied to CERCLA substances that are regulated for accidental release prevention and that the 10 pound reportable release quantity limit is too restrictive. The Federal underground storage tank regulations recognize that tanks containing hazardous substances constitute an additional environmental threat. The 1998 upgrade standards for underground storage tanks containing hazardous substances requires the use of double walled tanks. The Department, therefore, believes that the definition of ''highly hazardous substance tank'' is appropriate and the proposed definition is retained in this final rulemaking.
Some commentators suggested defining several additional terms to clarify certain portions of the regulations. While the Department does not want to lengthen the regulations with definitions of terms which have clear and widely understood meanings, the Department does agree that some additional definitions will provide clarity in interpreting the regulations. The following terms have been added and defined in this final rulemaking:
''Change in service'' was defined in the proposed § 245.452(d). The Department has moved this definition to § 245.1 for the sake of clarity.
''In-service inspection'' is a scheduled aboveground storage tank external inspection to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department certified aboveground storage tank inspector. The tank system may be in operation during this inspection.
''Large aboveground storage tank'' is any aboveground storage tank with a capacity greater than 21,000 gallons.
''Out-of-service inspection'' is a scheduled aboveground storage tank inspection that encompasses both internal and external examination to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department certified aboveground storage tank inspector. The tank system may not be in operation during this inspection.
''Underground vault'' is a structure which is entirely beneath the surface of the ground and is designed specifically to contain one or more aboveground storage tanks.
2. Section 245.2. General.
Subsection (b) of the proposed amendments outlined requirements whenever industry codes are specified in Chapter 245. For the sake of clarity and to avoid future confusion, the Department has added language to this subsection noting that the requirements of Chapter 245 govern in the event of a conflict between the requirements of Chapter 245 and the requirements of an applicable industry code.
3. Section 245.31. Underground storage tank tightness testing requirements.
This section outlines the requirements for tightness testing of underground storage tank systems. This section was not adopted until September 28, 1996 (26 Pa.B. 4743), and so could not be included in this rulemaking when it was originally proposed. Because Subchapter E of this rulemaking codifies regulations formerly incorporated by reference in § 245.2, several citations had to be changed in this section as a part of this final rulemaking.
Subchapter C. Permitting of Underground and Aboveground Storage Tank Systems and Facilities
1. Section 245.201. Scope.
A sentence has been added to this section to clarify that compliance with the permitting requirements of this subchapter does not relieve a permitee of the obligation to comply with other Federal, State or local requirements.
2. Section 245.203. General requirements for a permit.
Several commentators expressed a concern that the annual renewal of a permit was too burdensome and that the renewal should be tied to the standards in section 304(h) of the act. The commentators' suggestion would result in paperwork beyond that proposed in this regulation. Under the Department's renewal process, the permit review is simplified and streamlined, with no additional paperwork. By relying upon the existing annual registration form and process as the vehicle for permitting, a separate and distinct permit renewal application is unnecessary. Inclusion of the concept in section 304(h) of the act would place additional and unnecessary paperwork requirements on the regulated community.
There were several concerns expressed that the Department had not specified a permit review time in the proposed regulations. Since the review times for permit applications are specified in the act in sections 304(g) and 504(g), the Department believes it is unnecessary to repeat those statutory requirements in the final rulemaking.
3. Section 245.205. Right of entry.
Several commentators stated that the language in this section is burdensome and inconsistent with the Department's powers under section 107(c) of the act (35 P.S. § 6021.107(c)) and therefore should be amended to conform with section 107(c) of the act. The Department agrees and has removed proposed § 245.205 from the final rulemaking. Instead, the Department will rely upon the statutory right of entry provision found in section 107(c)(2) of the act. In addition, other sections of the proposed regulations that referred to the proposed § 245.205 have been deleted. Deletions included proposed § 245.212(a)(5), proposed § 245.222(1)(iv) and proposed § 245.232(a)(3).
4. Section 245.207. Permit fees.
Concerns were expressed that permit fees for site-specific permits are unspecified and they allow the Department to charge for open-ended ''administrative review costs.'' Some commentators suggested a sliding scale for permit reviews that takes into account, up front, the Department's costs. The Department has removed this section and will rely upon the fees established in sections 304 and 504 of the act.
5. Section 245.212. Minimum requirements for obtaining a permit by rule.
In preparing this final rulemaking, the Department noted unnecessary language in § 245.212(a)(1) relating to registration. A properly registered storage tank system includes the payment of registration fees as established in the act. The phrase ''. . . including payment of registration fees if necessary'' has been deleted in this final rulemaking.
6. Section 245.222. Application requirements. In preparing this final rulemaking, the Department noted unnecessary language in 245.222(1)(i) relating to registration. A properly registered storage tank system includes the payment of registration fees as established in the act. The phrase ''. . . including payment of registration fees if necessary'' has been deleted in this final rulemaking.
7. Section 245.231. Scope.
One commentator suggested that the requirement to receive a site-specific permit prior to installation should be deferred for 6 months after promulgation of the regulations to avoid a negative impact on owners and operators planning to install new tanks at this time. The Department agrees that some transition time is needed at the time the regulations become final. Accordingly, when § 245.231 has been amended to allow a window from permitting when the facility owner has already signed contracts or has begun actual construction.
The Department also changed the proposed section so that owners of underground field constructed and highly hazardous substance storage tanks need only comply with §§ 245.232(a) and (b) and 245.236 when applying for a site-specific installation permit.
8. Section 245.232. General requirements.
Several commentators were concerned that the Department was requiring an entirely new Plan for all site specific installation permits. The Department agrees that an entire new SPR Plan need not be filed for each new site-specific installation. However, the facility must update the existing plan to reflect the new aboveground storage tank and modify the existing SPR Plan accordingly.
Concerns were also expressed about what the Department will accept for proof of notification to a municipality of a site-specific permit application. Proof of notification can be as simple as a copy of the letter sent to the municipality announcing the project. Other acceptable vehicles include legal notices in a newspaper of general circulation in the area of the project. The Department does not require public notices which go beyond those routinely used in the agency's many other existing permitting programs. For clarity, the Department has added language to § 245.232(b)(2) which reflects these options for proof of notification.
9. Section 245.233. Mapping requirements.
One commentator suggested that while many of the items listed in this section are required by the act, several of these items could be scaled back, including subsection (a)(6), (8) and (9). The Department agrees with the commentator with respect to subsection (a)(9). This information has been removed from the mapping requirements and will continue to be required as part of the SPR Plan. The Department believes that the information requested in subsections (6) and (8) is necessary.
Several commentators expressed concern that the use of registered Pennsylvania geologists, engineers, and land surveyors in subsection (b) is not authorized by the act and is too burdensome. The Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2), requires that an individual be licensed by and registered with the Commonwealth in order to practice engineering, land surveying or geology in this Commonwealth. See 63 P. S. § 150. Any report not prepared in accordance with this statute could not be considered reliable proof that the requirements of this chapter had been met when the Department is considering a permit application. For this reason, the Department disagrees with the commentators and has retained this subsection in the final rulemaking.
10. Section 245.234. Siting requirements.
The Department received several comments expressing concerns about limiting placement of aboveground storage tanks in a 100-year floodplain. Commentators suggested that the limitations in subsection (a)(1) are inconsistent with requirements in 40 CFR 280.43(g)(2)(v) (relating to methods of release detection for tanks) which only considers 25-year floodplains and recommended changing the rulemaking from the 100-year to the 25-year floodplain, as is contemplated in § 245.444(7)(ii)(E). Additional concerns were expressed by the electrical utilities operating within this Commonwealth, both with regard to limitations on siting near water (needed for cooling and other processes) and siting near coal mines (fuel source).
Section 1102 of the act requires the Department to develop siting regulations to protect public health and safety, water supply sources, water quality, air quality and flooding. The siting requirements in this rulemaking are for large aboveground tanks and new aboveground facilities in excess of 21,000 gallons storage capacity. Accordingly, the requirements in 40 CFR 280.43(g)(2)(v) are not comparable since they relate to underground storage tanks. The Department believes that large aboveground storage tanks on floodplains are more vulnerable to damage due to floating debris or breaching than underground storage tanks.
The Department also believes that the primary concerns raised by the electrical industry have been adequately addressed in the recent changes to this chapter which deregulated the large, onsite, consumptive use heating oil tanks normally found at electric generating stations. The Department disagrees, however, with the notion that coal fired plants are obligated to site near coal fields. A review of the location of many of these facilities will confirm that they are located well away from the coal measures. The regulations do not exclude new facilities from locating on or near coal measures; the Department simply is concerned that large, regulated storage tanks are placed on a stable foundation. These are standard industry practice and do not place undue hardships on facilities proposing to locate near previously mined areas.
11. Section 245.235. Environmental assessment.
Several commentators stated that the environmental assessment requirements in subsection (b) are not mandated by the act and would be extremely burdensome and unnecessary. One commentator also noted that the Federal regulations governing underground storage tanks contain no comparable provisions.
The siting requirements and environmental assessment requirements are intended to implement section 1102 of the act, which applies to large aboveground storage tanks and aboveground storage tank facilities. Further, the environmental assessment is intended to summarize the other environmental rules and laws which must be considered when a new facility or aboveground storage tank is constructed. For example, when a new aboveground storage tank facility is proposed, it must consider stormwater runoff, may require an NPDES permit, must consider wetlands, endangered species and associated habitats, nearby water supplies, and the like. The environmental assessment is intended to summarize those requirements and considerations to assure that the activity is consistent with section 1102 of the act. The Federal underground storage tank regulations are not intended to address aboveground storage tanks. The Department is, however, directed by the act to develop and implement a program to regulate the siting of aboveground storage tanks.
12. Section 245.236. Public notice.
Several commentators expressed concern with the public notice requirements by noting that subsection (a) appeared to be inconsistent with section 1101 of the act. The Department agrees and has revised subsection (a) by removing the 90-day requirement for written notice and stating that written notice shall be given prior to filing a permit application. In addition, the Department has deleted subsection (b) and included highly hazardous substance tanks in the notification requirements in the final version of subsection (a).
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