[48 Pa.B. 7875]
[Saturday, December 22, 2018]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM
Subchapter A. GENERAL PROVISIONS
GENERAL § 245.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Aboveground storage tank—One or a combination of stationary tanks with a capacity in excess of 250 gallons, including the underground pipes and dispensing systems connected thereto within the emergency containment area, which is used, will be used or was used to contain an accumulation of regulated substances, and the volume of which, including the volume of piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes tanks which can be visually inspected, from the exterior, in an underground area and tanks being constructed or installed for regulated use. The term does not include the following, or pipes connected thereto:
* * * * * (viii) Tanks regulated under 58 Pa.C.S. Chapter 32 (relating to development) used to store brines, crude oil, drilling or frac fluids and similar substances or materials and are directly related to the exploration, development or production of crude oil or natural gas.
* * * * * (xix) Other tanks excluded by regulations promulgated under the act.
Aboveground storage tank system—An aboveground storage tank, connected piping and ancillary equipment within the emergency containment area, and emergency and secondary containment.
Act—The Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101—6021.2104).
Adjacent—Next to or contiguous with.
* * * * * Cathodic protection tester—A person who can demonstrate an understanding of the principles and measurements of common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, the person shall have documented education and experience in soil resistivity, stray current, structure to soil potential and component electrical isolation measurements of buried metal piping and tank systems.
Certification categories—
(i) Individual certification categories issued to certified installers or certified inspectors to perform tank handling, tightness testing or inspection activities on aboveground or underground storage tank systems and facilities.
(ii) The term includes category specific certifications in one or more of the following:
* * * * * (B) Storage tank installer certification categories:
* * * * * (IX) UMX—Underground storage tank system installation and modification.
(X) UMI—Underground storage tank system minor modification.
(XI) UTT—Underground storage tank system tightness tester.
(XII) UMR—Underground storage tank system removal.
Certified company—An entity, including a sole proprietorship, a partnership or a corporation, which is certified by the Department and employs certified installers or certified inspectors to conduct tank handling activities, tightness testing activities or inspection activities.
Certified inspector—A person certified by the Department to conduct inspections of tanks or storage tank facilities and who may conduct environmental audits. A certified inspector may not be an employee of a tank owner.
Certified installer—A person certified by the Department to install, modify or remove storage tanks. A certified installer may be an employee of a tank owner.
* * * * * Containment structure or facility—Anything built, installed or established and designed to contain regulated substances that are spilled, leaked, emitted, discharged, escaped, leached or disposed from a storage tank or storage tank system, including a vault, a dike, a wall, a building or secondary containment.
Containment sump—A liquid-tight container designed to protect the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single-walled or secondarily contained and located at the top of the tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump) or at other points in the piping run (transition or intermediate sump).
Corrective action—
* * * * * De minimis—With regard to products containing regulated substances, the term applies when the regulated substance is of insufficient concentration to be required to appear on a Safety Data Sheet (SDS). The term does not apply to section 507 of the act (35 P.S. § 6021.507) as it pertains to site contamination.
* * * * * Environmental audit—Activities which may be conducted by a certified inspector to evaluate the storage tank system or storage tank facility site, equipment and records to determine evidence of an actual or possible release of regulated substance.
Environmental covenant—A servitude arising under an environmental response project which imposes activity and use limitations under 27 Pa.C.S. §§ 6501—6517 (relating to Uniform Environmental Covenants Act).
Environmental media—Soil, sediment, surface water, groundwater, bedrock and air.
Excavation zone—The volume containing the tank system and backfill material bounded by the ground surface, walls and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
Exempt underground storage tank—An underground storage tank which has been exempted by regulation from participation in USTIF.
Existing underground storage tank system—An underground storage tank system used to contain an accumulation of regulated substances for which installation has either started or been completed in accordance with this chapter. Installation is considered to have started if the following apply:
* * * * * Hazardous substance storage tank system—
(i) A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. § 9601(14)).
(ii) The term does not include a storage tank system that contains a substance regulated as a hazardous waste under sections 3001—3024 of the Solid Waste Disposal Act (42 U.S.C.A. §§ 6921—6939g), or mixture of the substances and petroleum, and which is not a petroleum system.
* * * * * Hydraulic lift tank—A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.
Immediate threat of contamination—Spilling, leaking, emitting, discharging, escaping, leaching or disposing of a regulated substance from a storage tank into a containment structure or facility in an amount equal to or greater than the reportable released quantity determined under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. § 9602) and regulations promulgated thereunder, or an amount equal to or greater than a discharge as defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1321) and regulations promulgated thereunder. The term also includes spilling, leaking, emitting, discharging, escaping, leaching or disposing of petroleum into a liquid-tight containment sump or emergency containment structure in an amount less than 25 gallons as a result of a tank handling activity unless the certified installer providing direct onsite supervision has control over the regulated substance, the regulated substance is completely contained and, prior to the certified installer leaving the storage tank facility, the total volume of the regulated substance is recovered and removed.
In-service inspection—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.
* * * * * Install—Activities to construct, reconstruct or erect to put into service a storage tank, a storage tank system or storage tank facility.
Intrafacility piping—A common piping system serving more than one storage tank system within a storage tank facility.
* * * * * Minor modification—
(i) An activity to upgrade, repair, refurbish or restore all or part of an existing storage tank system or storage tank facility which does not alter the design of that storage tank system or storage tank facility, but which may affect the integrity of that storage tank system or storage tank facility.
(ii) The term does not include an activity directly affecting the tank portion of the storage tank system or an activity directly affecting an underground component of the storage tank system.
Modify—To conduct an activity that constitutes a major modification or a minor modification.
Monitoring system—A system capable of detecting releases in connection with an aboveground or underground storage tank.
Motor fuel—A complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances such as motor gasoline blended with alcohol.
* * * * * Pipeline facilities (including gathering lines)—New and existing pipe rights-of-way and associated equipment, facilities or buildings.
* * * * * Reconstruction—The work necessary to reassemble a storage tank that has been dismantled and relocated to a new location.
Regulated substance—
An element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health, welfare or the environment which is one of the following:
(i) A substance defined as a hazardous substance in section 101(14) of CERCLA, including hazardous substances that are liquid or gaseous, or suspended therein regardless of holding temperature, but not including a substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6921—6931).
(ii) Petroleum, including crude oil or a fraction thereof and petroleum hydrocarbons which are liquid at standard conditions of temperature and pressure (60° F and 14.7 pounds per square inch absolute), including oil, petroleum, petroleum mixed with ethanol, fuel oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude oils, gasoline and kerosene.
(iii) Other substances determined by the Department by regulation whose containment, storage, use or dispensing may present a hazard to the public health and safety or the environment, but not including gaseous substances used exclusively for the administration of medical care. This includes the following other regulated substances:
(A) Nonpetroleum oils including biodiesel; synthetic fuels and oils, such as silicone fluids; tung oils and wood-derivative oils, such as resin/rosin oils; and inedible seed oils from plants, which are liquid at standard conditions of temperature and pressure. The requirements in this chapter for petroleum tanks in subparagraph (ii) apply for this group of substances.
(B) Pure ethanol intended for blending with motor fuel. The requirements in this chapter for petroleum tanks in subparagraph (ii) apply.
Release—Spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into surface waters and groundwaters of this Commonwealth or soils or subsurface soils in an amount equal to or greater than the reportable released quantity determined under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. § 9602), and regulations promulgated thereunder, or an amount equal to or greater than a discharge as defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1321) and regulations promulgated thereunder. The term also includes spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into a containment structure or facility that poses an immediate threat of contamination of the soils, subsurface soils, surface water or groundwater.
Release detection—The determination, through a method or combination of methods, whether a release of a regulated substance has occurred from a storage tank system into the environment or into the interstitial space between the storage tank system and its secondary containment around it.
Remediation standard—The background, Statewide health or site-specific standard, or any combination thereof, as provided for in the Land Recycling and Environmental Remediation Standards Act (35 P.S. §§ 6026.101—6026.908).
Removal—Activities involving removal of storage tank system components, ancillary equipment and appurtenances. The term includes removal from service activities when a storage tank or storage tank system is removed, but excludes site assessment activities.
Removal from service—The term includes the following:
(i) Activities related to rendering a storage tank system permanently unserviceable. Activities include the oversight of the proper draining and cleaning of the storage tank system of product liquids, vapors, accumulated sludges or solids, and completing one of the following:
(A) Leaving the storage tank system in the ground and filling the tank with inert, solid material.
(B) Dismantling or removing the storage tank system from the tank site.
(ii) Closure-in-place and permanent closure.
(iii) Site assessment activities required under Subchapter E (relating to technical standards for underground storage tanks) and applicable State law, which are the responsibility of owners and operators, but are not conducted by certified installers or inspectors.
Repair—An activity that restores to original operating condition a tank, piping, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other storage tank system component that has failed to function properly.
Residential tank—A tank located on property used primarily for dwelling purposes.
* * * * * Solid Waste Management Act—The Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003).
Spill prevention equipment—A liquid-tight container placed around the fill pipe or fill port riser of a storage tank designed to capture any product that may spill when the delivery hose is disconnected including a catchment basin, spill containment bucket or spill containment box.
Spill prevention response plan—Emergency plans and procedures developed by an aboveground storage tank or tank facility owner, operator, or both, for response to an accident or spill on the facility by facility personnel or contractors.
Stationary tank—An aboveground storage tank that is permanently affixed to the real property on which the tank is located.
Storage tank—An aboveground or underground storage tank which is used for the storage of a regulated substance.
Storage tank facility—One or more stationary tanks, including associated intrafacility pipelines, fixtures, monitoring devices and other equipment. A facility may include aboveground tanks, underground tanks or a combination of both. For the purposes of the act and this part, the associated intrafacility pipelines, fixtures, monitoring devices and other equipment for an aboveground storage tank shall be that which lies within the emergency containment area. The term storage tank facility does not encompass portions of a facility that do not contain storage tank systems.
Storage tank system—All or part of an underground or aboveground storage tank, associated underground or aboveground piping directly serving that storage tank, and one or more of the following which are directly associated with that storage tank:
* * * * * Tank handling activities—Activities to install, modify, perform change-in-service or close all or part of a storage tank system or storage tank facility. The term does not include maintenance activities.
* * * * * Underground storage tank—One or a combination of tanks (including underground pipes connected thereto) which are used, were used or will be used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. The term includes tanks being constructed or installed for regulated use. The term does not include:
(i) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(ii) Tanks used for storing heating oil for consumptive use on the premises where stored unless they are specifically required to be regulated by Federal law.
(iii) A septic or other subsurface sewage treatment tank.
(iv) A pipeline facility (including gathering lines) which is one of the following:
(A) Regulated under 49 U.S.C.A. §§ 60101—60141.
(B) An intrastate pipeline facility regulated under state laws as provided in 49 U.S.C.A. §§ 60101—60141 and which is determined by the Secretary of the United States Department of Transportation to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline.
(v) An interstate pipeline facility regulated under State laws comparable to the provisions of law in subparagraph (iv).
* * * * * (xii) An underground storage tank system with capacity of 110 gallons or less.
(xiii) A wastewater treatment tank system that is 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).
(xiv) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xv) An underground storage tank system that contains a de minimis concentration of regulated substances.
(xvi) An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.
(xvii) Other tanks excluded by policy or regulations promulgated under the act.
* * * * *
TANK HANDLING AND INSPECTION ACTIVITIES § 245.21. Tank handling and inspection requirements.
(a) Tank handling activities shall be conducted by a certified installer except in the case of modification to an aboveground nonmetallic storage tank, which may be modified by the tank manufacturer. Storage tank facility owners and operators shall use persons who are Department-certified to conduct tank handling activities except as noted in this subsection. The certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity.
(b) Tank handling activities conducted on all aboveground field constructed storage tank systems and tank handling activities conducted on all aboveground storage tank systems having a capacity greater than 21,000 gallons shall be inspected by a certified inspector, except in the case of a minor modification or removal from service.
* * * * *
TESTING ACTIVITIES § 245.31. Underground storage tank system testing requirements.
(a) Tightness testing activities shall be conducted by a Department-certified underground storage tank system tightness tester (UTT), except when performed by an owner or operator using installed automatic tank gauging or monitoring equipment meeting requirements in § 245.444(2) and (3) (relating to methods of release detection for tanks).
(b) Tightness testing shall be conducted in accordance with equipment manufacturer's written instructions and using the recommended written practices, procedures and established test method protocols developed by the sources in § 245.132(a)(1) (relating to standards of performance).
(c) A failed valid tightness test will, regardless of the test method, constitute a suspected release, except as provided in § 245.304(b) (relating to investigation and reporting of suspected releases). A failed valid tightness test conducted as part of an investigation of a suspected release constitutes a confirmed release.
(d) A complete written test report shall be provided to the tank owner as documentation of test results within 20 days of the test. The test methodology, a certification that the test meets the requirements in § 245.444(2) or § 245.445(2) (relating to methods of release detection for piping), and sufficient test data, which were used to conclude that the underground storage tank system passed or failed the tightness test, shall be included in the test report.
(e) Certified underground storage tank system tightness testers (UTT) shall maintain complete records of tightness testing activities for a minimum of 10 years as provided in § 245.132(a)(3) (relating to standards of performance).
(f) Tests or evaluations of spill prevention and overfill prevention equipment, containment sumps and release detection equipment required under this chapter shall be performed by a Department-certified individual holding the appropriate certification category and documented on a form provided by the Department. Results shall be maintained onsite at the storage tank facility or at a readily available alternative site and shall be provided to the Department upon request.
TANK REGISTRATION AND FEES § 245.41. Tank registration requirements.
(a) Tank owners shall properly register each storage tank by meeting the requirements in this section and paying the registration fee prior to registration certificate expiration as required by § 245.42 (relating to tank registration fees).
(b) Tank owners shall register each aboveground storage tank and each underground storage tank with the Department, except as specifically excluded by Department policy or this chapter, on a form provided by the Department, within 30 days after installation or acquisition of an ownership interest in the storage tank. Unless otherwise approved by the Department, a regulated substance may not be placed in the tank and the tank may not be operated until the tank is properly registered and the Department approves an operating permit for the tank.
(c) A form for registration of a storage tank must be complete upon submission to the Department and provide the following:
(1) Tank owner, operator, property owner and contact information.
(2) General facility, site and location information.
(3) Specific tank description and usage information, including regulated substance or substances that will be stored in each tank.
(4) Specific tank construction, system components and installation information.
(5) Owner's certification validating the registration information and operating permit application.
(6) Certified tank installer information and signature (when required).
(7) Certified tank inspector information and signature for certain classes of tanks addressed in § 245.21 (relating to tank handling and inspection requirements).
(8) Trained underground storage tank operator information, as required under § 245.436 (relating to operator training).
(9) Other applicable information that may be required by the Department.
(d) The owner's registration form shall also serve as an operating permit application. The Department may register a tank and not approve an operating permit for the tank if the application, tank system or the storage tank facility does not meet the requirements in this chapter or the permit applicant is in violation of the act. The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported on the registration form in temporary removal from service (out-of-service) status. Tank owners may not store, dispense from or place a regulated substance in a storage tank that does not have an operating permit unless otherwise agreed upon by the Department. Additionally, certain classes of tanks require a site-specific installation permit prior to beginning construction of a new or replacement storage tank in accordance with Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities). Submission of a site-specific installation permit application is a separate requirement for these tanks that is not satisfied by the registration form submission.
(e) A combination of tanks that operate as a single unit require registration of each tank unless otherwise agreed upon by the Department. A tank that has separate compartments within the tank shall be registered separately and charged a separate tank fee for each compartment unless the compartments are connected in a manner that fills, dispenses and operates as a single unit maintaining the same regulated substance at the same operating level in each compartment.
(f) Tank owners shall submit a registration form to amend registration information previously submitted to the Department within 30 days of a change in the previously submitted information. These changes include the following:
(1) Removal or relocation of a storage tank to a new facility.
(2) Temporary or permanent closure or removal from service of a storage tank.
(3) Change in use of a storage tank to or from regulated or nonregulated status, for example, changing a storage tank to use as a process vessel.
(4) Change in substance or substances stored in the tank, unless otherwise agreed upon by the Department.
(5) Change of ownership or change of operator.
(6) Change of contact, mailing address or telephone number.
(7) Installation of a new or replacement storage tank at an existing facility.
(g) The Department may require submission of supporting documentation and process information for exemption or exclusion from regulation for a tank change in status or use from a regulated to a nonregulated status.
(h) Beginning October 24, 1988, a person who sells a tank intended to be used as a regulated storage tank or a property containing an existing regulated storage tank shall notify the purchaser, in writing, of an owner's obligations under this section.
§ 245.42. Tank registration fees.
* * * * * (c) The Department will issue an invoice to the tank owner after receipt of a complete registration form under § 245.41(c) (relating to tank registration requirements). The tank owner shall remit the appropriate fee upon receipt of the invoice.
(d) Registration expiration dates are established for storage tanks according to facility location. The Department will prorate the registration fee in this section to reflect the percentage of time remaining in the registration year from the date of initial registration or change of ownership of a storage tank. The Department will not refund registration fees if an owner permanently closes a storage tank or exempts a storage tank through a change-in-service to store a nonregulated substance or change to nonregulated use (such as a process vessel) prior to the expiration of the storage tank's registration. The Department will not refund registration fees due to a change of ownership.
* * * * *
Subchapter B. CERTIFICATION PROGRAM FOR INSTALLERS AND INSPECTORS OF STORAGE TANKS AND STORAGE TANK FACILITIES
GENERAL CERTIFICATION REQUIREMENTS § 245.102. Requirement for certification.
(a) A person may not conduct tank handling or tightness testing activities unless that person holds a current installer certification issued by the Department for the applicable certification category as indicated in § 245.110 (relating to certification of installers), except as provided in § 245.31 (relating to underground storage tank system testing requirements). Installer certification will only be issued by the Department to a person who:
* * * * * (d) A certified installer or certified inspector may not perform tank handling or inspection activities as an employee of a company unless the company holds a valid certification issued by the Department under this chapter.
* * * * * § 245.105. Certification examinations.
* * * * * (d) To receive a passing grade on the examinations, the applicant for certification shall achieve a minimum score of 80% on each technical examination and a minimum score of 80% on the administrative examination.
(e) An applicant who fails an examination is eligible to retake the examination for up to 1 year from the failed examination test date, but no later than 18 months from date of authorization.
(f) Passing examination scores are valid for 2 years from the date of the examination.
§ 245.106. Conflict of interest.
(a) Except as provided in subsection (b), a certified inspector may not be one or more of the following:
(1) An employee of the tank owner, the tank owner or operator.
(2) A certified installer on the same tank handling activity on an aboveground storage tank system for which the installer is the certified inspector.
(3) An employee of a company that employs a certified installer on the same tank handling activity for which the employee is the certified inspector, when the tank handling activity is performed on a field-constructed storage tank. This prohibition extends to a company that owns, or is owned by, the employer, in whole or in part.
(b) A certified inspector who is a certified installer may conduct a tank handling activity to correct a deficiency identified by the same certified individual or company during an inspection of the operation of an underground storage tank system or the inspection of the integrity, installation or modification of an aboveground storage tank system. Notwithstanding this exception, subsection (a)(2) still prohibits a certified inspector from subsequently inspecting a tank handling activity which the certified inspector conducted to correct a deficiency noted during an integrity, installation or modification inspection of an aboveground storage tank system.
(c) A certified inspector may not perform an inspection as required under § 245.411 (relating to inspection frequency) for a facility where the inspector is also the designated Class A or Class B operator as defined in § 245.436 (relating to operator training).
§ 245.107. (Reserved).
§ 245.108. Suspension of certification.
(a) The Department may suspend the certification of a certified installer or certified inspector for good cause which includes:
(1) A violation of the act or this chapter.
(2) Incompetency on the part of the certified installer or certified inspector as evidenced by errors in conducting duties and activities for which the certification in question was issued.
(3) Failure to successfully complete a training program required by the Department.
(4) A certified inspector's failure to:
(i) Inform the owner or operator and the Department of conditions or procedures that are not in accordance with the manufacturer's technical and procedural specifications for installation, construction, modification or operation of the storage tank system or storage tank facility and not in compliance with the act or this chapter.
(ii) Conduct, review or observe a test or inspection activity required by the act or this chapter.
(iii) Submit a report of an inspection activity to the Department within 60 days of conducting an inspection activity, except for reports of modification inspection activities, which must be reported to the Department within 30 days of conducting a modification inspection activity. For inspection activities involving multiple certified individuals and certification categories, reports of modification inspection activities must be submitted within 30 days of the completion of all project tank handling and inspection activities.
(5) A certified installer's failure to:
(i) Be present during tank handling activities at the storage tank system or storage tank facility as required by the act or this chapter.
(ii) Conduct tank handling activities in accordance with the requirements in the act or this chapter.
(iii) Submit tank handling reports and activities to the Department within 30 days of conducting the tank handling activities. For tank handling activities involving multiple certified individuals and certification categories, the tank handling report shall be submitted within 30 days of the completion of all project tank handling and inspection activities.
(6) Working as a certified installer or certified inspector in a certification category for which the person has failed to obtain or maintain certification.
(7) Failure to meet one or more of the standards of performance in § 245.132 (relating to standards of performance).
(8) Submission of false information to the Department.
(9) A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated under those statutes by the certified individual which causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(10) Failure to perform underground tightness testing activities and documentation in accordance with § 245.31 (relating to underground storage tank system testing requirements).
* * * * * § 245.110. Certification of installers.
(a) An installer certification authorizes the person to whom it is issued to conduct tank handling activities or tightness testing activities pertaining to storage tank systems or storage tank facilities in one or more of the categories in subsection (b).
(b) Installer certifications may be issued for the following categories:
(1) Underground storage tank system installation and modification {UMX}. Installation and modification of underground storage tank systems including the tank and all associated ancillary equipment, appurtenances, corrosion protection systems, structural components and foundations. This category also includes conducting preinstallation air pressure tests for underground storage tank systems, overfill prevention equipment evaluations, containment sump and spill prevention equipment testing, and release detection equipment testing.
(2) Underground storage tank system minor modification {UMI}. Limited to the performance of minor modifications of underground storage tank systems. This category also includes conducting overfill prevention equipment evaluations, containment sump and spill prevention equipment testing, and release detection equipment testing.
(3) Underground storage tank system removal {UMR}. Removal from service of underground storage tank systems.
(4) Underground storage tank system tightness tester {UTT}. Tightness testing activities involved in conducting and interpreting results of volumetric and nonvolumetric tests on underground storage tank systems. This category also includes containment sump and spill prevention equipment testing and release detection equipment testing.
(5) Aboveground manufactured metallic storage tank system installation and modification {AMMX}. Installation and modification of aboveground manufactured metallic storage tank systems, including the tank and all associated ancillary equipment, appurtenances and corrosion protection systems. This category also covers foundations, containment structures and structural components when they are designed by an engineer qualified in civil construction or when installing small aboveground UL-labeled tanks with manufacturer's installed self-containment or diking systems.
(6) Aboveground nonmetallic storage tank system installation and modification {AMNX}. Installation and modification of aboveground nonmetallic storage tank systems, including the tank and all associated ancillary equipment and appurtenances. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or as specified by the tank manufacturer.
(7) Aboveground manufactured storage tank system removal {AMR}. Removal from service of aboveground manufactured storage tank systems.
(8) Aboveground field constructed metallic storage tank installation, modification and removal {AFMX}. Installation, modification and removal of aboveground field constructed metallic storage tanks and corrosion protection systems. This category also covers the modification of tank shell components of an aboveground manufactured metallic storage tank.
(9) Aboveground field constructed storage tank system removal {AFR}. Removal from service of aboveground field constructed and manufactured aboveground storage tank systems.
(10) Aboveground storage tank system mechanical installation, modification and removal {AMEX}. Installation, modification and removal of tank related mechanical appurtenances, including valves, fill piping, suction piping, foam system piping, pumps, corrosion protection systems, release detection systems, and spill and overfill prevention systems that are components of an aboveground storage tank system.
(11) Aboveground storage tank system civil {ACVL}. Installation and modification of tank related structural components, including foundations, dike walls, field grading, above and below grade vaults, pump supports, pipe supports, corrosion protection systems and drainage systems associated with an aboveground storage tank system.
(12) Storage tank liner {TL}. Activities involved in installation or modification of internal linings for underground and aboveground storage tank systems and the evaluation of underground storage tank linings as required in § 245.422(b)(1)(ii) (relating to upgrading of existing underground storage tank systems).
§ 245.111. Certified installer experience and qualifications.
(a) An applicant shall meet the following minimum experience, education, training or certification requirements and have completed the required number of activities in the appropriate category for an initial installer category certification:
Category Experience, Education, Training or Certification Total Number of Activities Completed UMX 2 years, or college degree and 1 year
Technical training
or
UMI certification10 installations or major modifications
(at least 5 installations)
10 installations or major modifications
(at least 5 installations)UMI 2 years, or college degree and 1 year
Technical training10 minor modifications UMR 2 years, or college degree and 1 year
Technical training6 removals UTT Department-approved training with testing equipment manufacturer's certification None AMMX 2 years, or college degree and 1 year
Technical training
or
UMX certification
Technical training
or
AFMX certification10 installations or major modifications
(at least 5 installations)
None
NoneAMNX 2 years, or college degree and 1 year
Technical training
or
AMMX certification10 installations or major modifications
(at least 5 installations)
6 AST installationsAMR 2 years, or college degree and 1 year
Technical training
or
UMR certification
or
AFR certification6 removals
None
NoneAFMX 3 years, or college degree and 2 years
Technical training12 which may be installations or major modifications AFR 2 years, or college degree and 1 year
Technical training6 removals AMEX 3 years, or college degree and 2 years
Technical training12 installations or modifications
(at least 6 installations)ACVL 3 years, or college degree and 2 years
Technical training12 installations or modifications
(at least 6 installations)TL 2 years
Manufacturer's certification9 tank linings * * * * * (c) A college degree being substituted for experience shall be, at a minimum, a bachelor's degree in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, hydrology, geology or an equivalent degree as determined by the Department.
* * * * * (g) The technical training required by subsection (a) shall be completed during the experience interval and shall be demonstrated through the submission of proof of successful completion of a category-specific training course approved by the Department in accordance with § 245.141. Successful completion means attendance at all sessions of the training and attainment of the minimum passing grade for the approved course.
* * * * * § 245.112. Certification of inspectors.
(a) An inspector certification authorizes the person to whom it is issued to conduct inspection activities for storage tank systems and storage tank facilities in one or more of the categories in subsection (b).
(b) Inspector certifications may be issued for the following categories:
(1) IUM underground storage tank systems and storage tank facilities. This category also includes containment sump and spill prevention equipment testing and release detection equipment testing.
(2) IAM aboveground manufactured storage tank systems and storage tank facilities.
(3) IAF aboveground field constructed and aboveground manufactured storage tank systems and storage tank facilities.
§ 245.113. Certified inspector experience and qualifications.
(a) An applicant shall meet the following minimum experience, education, training or certification requirements, and have completed the required number of activities in the appropriate category for an initial inspector category certification:
Category Experience, Education, Training or Certification Total Number of Activities Completed IUM 4 years, or college degree and 2 years
and
Department-approved tank tightness testing familiarization course or UTT certification
and
UMX certification
and
Corrosion protection trainingNone IAM 4 years, or college degree and 2 years
API 653 certification
or
STI inspector certification
or
Department-approved aboveground storage tank inspector certificationNone IAF 4 years, or college degree and 2 years
API 653 certification
or
Department-approved aboveground storage tank inspector certification12 integrity or construction inspections
(b) The total number of activities completed required by subsection (a) shall have been completed within the 3-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities.
(c) A college degree being substituted for experience shall be, at a minimum, a bachelor's degree in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, corrosion engineering, hydrology, geology or an equivalent degree as determined by the Department.
(d) The total number of activities completed required by subsection (a) may be met through the conducting of inspection activities. Noncertified individuals may work at the site but the certified inspector is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.
(e) The total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.
(f) Corrosion protection training required for IUM certification shall be documented by completion of a Nationally recognized training course in the area of cathodic protection or corrosion protection, or other training as approved by the Department.
(g) When conducting an aboveground storage tank structural integrity inspection on an aboveground field constructed metallic storage tank, the Department-certified inspector shall also possess API Standard 653 (Tank Inspection, Repair, Alteration and Reconstruction Certification).
(h) The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR Part 1910 (relating to occupational safety and health standards).
(i) A certified inspector of underground storage tanks (IUM) shall complete Department-provided inspector training prior to conducting inspections on underground storage tank systems as required in § 245.411 (relating to inspection frequency).
(j) A certified inspector of aboveground storage tanks (IAF and IAM) shall complete Department-provided inspector training prior to conducting installation, modification, in-service and out-of-service inspections on aboveground storage tank systems as required under §§ 245.551—245.554 and 245.616.
§ 245.114. Renewal and amendment of certification.
(a) Certification categories will have a uniform expiration date of 3 years from the issuance date of the first category obtained or renewed after January 9, 2008.
(b) The issued certification will be valid for 3 years from the previous expiration date, unless suspended or revoked before that date.
(c) An applicant shall meet the following training requirements in the appropriate category for renewal of installer certification:
Category Training UMR Examination or Technical training Administrative training UMX Examination or Technical training Administrative training UMI Examination or Technical training Administrative training UTT Testing equipment manufacturer's certification
Administrative trainingAMMX Examination or Technical training Administrative training AMNX Examination or Technical training Administrative training AFMX Examination or Technical training Administrative training AFR Examination or Technical training Administrative training AMR Examination or Technical training Administrative training AMEX Examination or Technical training Administrative training ACVL Examination or Technical training Administrative training TL Manufacturer's certification Administrative training (d) An applicant shall meet the following requirements in the appropriate category for renewal of inspector certification:
Category Qualifications and Training IUM Department inspector training IAM API 653 certification
or
STI Inspector certification
or
Department-approved inspector certification
and
Department inspector trainingIAF API 653 certification
or
Department-approved inspector certification
and
Department inspector training(e) Technical, administrative and inspector training must be obtained within 2 years prior to application submission.
(1) Administrative and inspector training will be provided by the Department.
(2) Technical training is category-specific and must be approved by the Department in accordance with § 245.141 (relating to training approval).
(f) An applicant for renewal shall:
(1) Submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date or examination test date. Applicants who fail to submit a renewal application within 60 days following the expiration date shall meet the experience, qualifications and examination requirements for initial certification as required in § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications) and the requirements in § 245.105 (relating to certification examinations).
(2) The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR Part 1910.
(3) Successfully complete training programs which may be required by the Department. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 for all sections of all qualifying tests given as part of the training course.
(g) A certified installer or certified inspector shall notify the Department and seek amendment of the certification from the Department whenever:
(1) There is a change in the information provided in the application for the certification. This request shall be made within 14 days from the date of a change in information.
(2) The certified installer or certified inspector wishes to conduct tank handling or inspection activities in installer or inspector certification categories other than those approved by the Department as set forth on the certification.
(3) The certified installer or certified inspector wishes to eliminate installer or inspector certification categories from the certification.
(4) The EQB amends certification categories or qualification requirements and establishes a phase-in period for the new requirements.
(h) Certified installers or certified inspectors required to amend their certifications in accordance with paragraph (1) or (3) shall apply for amendment on a form provided by the Department.
(i) Certified installers or certified inspectors required to amend their certifications in accordance with subsection (g)(2) shall comply with the applicable requirements in this chapter related to application, experience, qualifications and examination.
COMPANY CERTIFICATION § 245.121. Certification of companies.
A company may not perform or employ a certified installer or certified inspector to perform tank handling, tightness testing or inspection activities unless the company holds a valid certification issued by the Department under this chapter and the company verifies that the certified installer or certified inspector holds a valid certification issued under this chapter for the appropriate category.
§ 245.123. Suspension of company certification.
(a) The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:
* * * * * (4) A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(5) Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.
* * * * *
STANDARDS OF PERFORMANCE § 245.132. Standards of performance.
(a) Certified companies, certified installers and certified inspectors shall:
(1) Maintain current technical and administrative specifications and manuals, Nationally recognized codes and standards, and State and Federal regulations which pertain to the categories for which certification was issued. Nationally recognized organizations are identified in §§ 245.405, 245.504 and 245.604 (relating to codes and standards; referenced organizations; and referenced organizations).
(2) Complete and submit to the Department a Department-approved form certifying that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements in the act and this chapter and accurately describing the conditions of the storage tank system and facility in accordance with the following requirements:
(i) Submit a report of an inspection activity to the Department within 60 days of conducting an inspection activity, except for a report of modification inspection activities, which must be reported to the Department within 30 days of conducting a modification inspection activity.
(ii) Submit a report of a tank handling activity to the Department within 30 days of conducting the tank handling activity.
(iii) For tank handling activities or inspection activities involving multiple certified individuals and certification categories, submit a report of tank handling activities or inspection activities within 30 days of the completion of all project tank handling or inspection activities.
(3) Maintain complete records of tank handling and inspection activities, nondestructive examination and testing results and tightness testing records for a minimum of 10 years.
(4) Report the following to the Department while performing services as a certified installer or certified inspector:
(i) A release of a regulated substance.
(ii) Suspected or confirmed contamination of soil, surface or groundwater from regulated substances.
(iii) A regulated substance observed in a containment structure or facility.
(5) Report to the Department a failed test of spill prevention equipment, containment sumps and overfill prevention equipment conducted as required in this chapter.
(6) As required under paragraphs (4) and (5), notify the Department in writing within 48 hours of performing the failed test or observing a release of a regulated substance, suspected or confirmed contamination, or a regulated substance in a containment structure or facility on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, spill prevention equipment test, containment sump test or overfill prevention evaluation, a copy of the test results must also be provided to the Department with the notification report.
(7) Perform certified installer or certified inspector activities so that there is no release of regulated substances or contamination of soil, surface or groundwater caused by regulated substances from a storage tank system or storage tank facility.
(8) Adhere to equipment manufacturer's instructions, accepted industry standards and applicable industry codes of practice when performing tank handling, tightness testing or inspection activities or other nontank handling activities on the project.
(9) Provide requested records and documentation to the Department under section 107(c) of the act (35 P.S. § 6021.107(c)).
(b) A company that employs an individual certified in the UMX, UMR, UMI or UTT category or an individual certified in the UMX, UMR, UMI or UTT category who is not employed by a certified company shall participate in the Tank Installer Indemnification Program (TIIP) as required under section 704(a)(1) of the act (35 P.S. § 6021.704(a)(1)) and shall provide timely payment of TIIP fees as required under section 705(d)(1) and (e) of the act (35 P.S. § 6021.705(d)(1) and (e)) and § 977.19(b) (relating to certified company fees for the Underground Storage Tank Indemnification Fund).
(c) Certified companies, certified installers and certified inspectors may not:
(1) Affix the certified installer's or certified inspector's signature or certification number to documentation concerning the installation or inspection of a component of a storage tank system project or to documentation concerning tank handling or inspection activity as required under the act and this chapter unless:
(i) The storage tank system project was performed by the certified installer or under the installer's direct, onsite supervision and control.
(ii) Inspection activities were conducted on the storage tank system project by the certified inspector, or under the inspector's direct, onsite supervision and control.
(iii) Installation or modification inspection activities were conducted on a large or field-constructed aboveground storage tank and the certified inspector was involved prior to the initiation of the project and was present at critical times so that the inspector can reliably determine that all of the following requirements were met:
(A) Industry standards and project specifications were followed throughout the tank handling activity.
(B) Appropriate testing and nondestructive examinations were properly conducted.
(C) The tank is suitable for operational service.
(2) Certify to an owner or operator or the Department that a storage tank system project or component thereof is complete unless it complies with the act and this chapter. Project certification applies to certified activities and nontank handling activities that may have been performed as part of the project.
(d) A certified installer or certified inspector shall display the Department-issued certification identification card or certificate upon request.
(e) A certified company is responsible for employees having appropriate safety and technical training. Certified companies, certified installers and certified inspectors shall adhere to health and safety procedures, such as those required by the Federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
TRAINING APPROVAL § 245.141. Training approval.
* * * * * (b) An application for approval must include the following information:
* * * * * (4) A narrative describing the preparation and administration of a test to be given at the conclusion of the course. This test must test the participant's knowledge of the technical, administrative and legal requirements related to the subject matter of the course. The narrative must also describe a procedure for conducting and grading of the test that assures careful monitoring and expeditious transmission of test results to the applicant and the Department.
(5) Other information necessary for a determination that the training program conforms to the act and this chapter such as copies of presentations, presenter notes, training handouts or references.
(c) Training approval shall be for 3 years from the date of issuance. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.
(d) The Department may approve industry recognized training without the submission of an application as provided in subsection (a).
Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS AND FACILITIES
GENERAL § 245.203. General requirements for permits.
(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) 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 and operator.
(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.
(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 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 removal from service status to an operating status.
(e) A storage tank system may not be operated 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.
§ 245.211. (Reserved).
§ 245.212. (Reserved).
OPERATING PERMITS § 245.221. (Reserved).
§ 245.222. Application requirements.
Applications for an operating permit shall be submitted on a form provided by the Department. The application must certify the following:
* * * * * (3) In addition to the requirements in paragraph (1), an owner of 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.
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 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 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. § 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 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.
(3) The location and names of public roads within or adjacent to the proposed facility site.
(4) The location of proposed monitoring wells.
(5) The municipality and county.
(6) The elevation and location of test borings and core samples.
(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.
(8) Streams, lakes or surface watercourses located on or adjacent to the proposed permit site.
(9) The location and ownership of public or private groundwater supplies within 2,500 feet of the proposed permit site.
(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 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.
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