[48 Pa.B. 1101]
[Saturday, February 24, 2018]
[Continued from previous Web Page] Paperwork requirements
This proposed rulemaking includes the following new notification, reporting and other paperwork requirements:
Certified installers and inspectors would need to report regulated substance observed in a containment structure or facility within 48 hours on a form provided by the Department.
Certified installers or inspectors would need to report failed tests of UST spill prevention equipment, containment sumps and overfill prevention equipment within 48 hours on a form provided by the Department. A copy of the test results would also need to be provided to the Department with the notification report.
Responsible parties would need to notify the Department by telephone or e-mail as soon as practicable, but no later than 24 hours, after the initiation of interim remedial actions in response to a release.
Responsible parties would need to notify the Department, by telephone or e-mail, within 24 hours of providing an alternate source of water to the owner of an affected or diminished water supply in response to a release.
Responsible parties would need to notify the Department by telephone or e-mail as soon as practicable, but no later than 24 hours, after the initiation of site characterization activities in response to a release.
The Department would need to publish an acknowledgment of receipt of the remedial action plan and notice of its final action on the plan in the Pennsylvania Bulletin.
The Department would need to publish an acknowledgment of receipt of the remedial action completion report and notice of its final action on the report in the Pennsylvania Bulletin.
Owners and operators would need to notify the Department of the proposed installation of specific UST system components such as the piping system and dispenser, and not just when a tank or tank system is being installed, on a form provided by the Department.
Certified installers and inspectors would need to document tests or evaluations of UST spill prevention and overfill prevention equipment, containment sumps and release detection equipment on a form provided by the Department. Owners and operators would need to maintain test or evaluation results onsite at the storage tank facility or at a readily available alternative site and shall provide the forms to the Department upon request.
Surveys of UST cathodic protection systems would need to be documented on a form provided by the Department and would need to be provided to the Department upon request.
Owners and operators of USTs storing alternative fuel blends or biodiesel or biodiesel blended fuel would need to submit, on a form provided by the Department, information verifying that all system components are compatible with the proposed substance to be stored, prior to storing the substance in the UST.
Owners and operators would need to maintain documentation showing that their UST systems are continuously participating in the USTIF.
Owners and operators would need to maintain documentation of the last test of UST spill prevention equipment and containment sumps used for interstitial monitoring of piping and evaluation of overfill prevention equipment.
For containment sumps used for interstitial monitoring of piping and spill prevention equipment not required to be tested, UST owners and operators would need to maintain documentation showing that the equipment is double-walled and the integrity of both walls is periodically monitored.
UST owners and operators would need to maintain records of maintenance walkthrough inspections for the past 12 months.
Owners would need to ensure that Class A, Class B and Class C operators are identified on a form provided by the Department prior to placing the UST system into use.
Owners and operators of AST facilities with an aggregate aboveground storage capacity greater than 21,000 gallons would need to maintain a written log book. Each log book entry would need to identify the name of the individual performing tank handling and inspection activities, the individual's signature, the company name, the date of work, start and end times, and a brief description of work performed, including tank identification.
In addition to routine monthly inspections, AST owners and operators would need to maintain 72-hour maintenance inspections for the past 12 months.
AST owners and operators would need to maintain documentation of investigations of suspected releases.
When a high-level alarm with a manned operator shutdown procedure is used, owners and operators of ASTs would need to document the shutdown procedure and provide it to the Department upon request.
When an overfill alarm or prevention device or monitoring gauge is utilized, owners and operators of ASTs would need to document the shutdown procedure.
The following new forms would be used to implement this proposed rulemaking:
• Underground Storage Tank Groundwater/Vapor Monitoring System Functionality Testing Form
• Underground Storage Tank Sensor Functionality Testing Form
• Underground Storage Tank Automatic Line Leak Detector Functionality Testing Form
• Underground Storage Tank Pressure/Vacuum Monitoring Functionality Testing Form
• Underground Storage Tank Spill Prevention Equipment/Containment Sump Integrity Testing Form
• Underground Storage Tank Automatic Tank Gauge Functionality Testing Form
• Underground Storage Tank Overfill Prevention Evaluation Form
• Aboveground Storage Tank Lining Inspection Summary and Instructions
The following existing forms would be revised to implement this proposed rulemaking:
• Underground Storage Tank Facility Operations Inspection Report Form Instructions (2630-FM-BECB0501)
• Underground Storage Tank Facility Operations Inspection (2630-FM-BECB0501a)
• Underground Storage Tank System Installation/Closure Notification Form (2630-FM-BECB0127)
• Planning for Permanent Closure Checklist—Underground Storage Tank Systems (2630-FM-BECB0126)
• Underground Storage Tank Modification Report (2630-FM-BECB0575)
• Underground Storage Tank System Closure Report Form (2630-FM-BECB0159)
• Aboveground Storage Tank Integrity Inspection Summary and Instructions (2630-FM-BECB0150)
• Aboveground Storage Tank System Closure Report Form (2630-FM-BECB0514)
• Planning for Permanent Closure Checklist—Above-ground Storage Tank Systems (2630-FM-BECB0512)
• Aboveground Storage Tank System Closure Notification Form (2630-FM-BECB0513)
• Notification of Release/Notification of Contamination (2620-FM-BECB0082)
• Storage Tanks Registration/Permitting Application Form and Instructions (2630-PM-BECB0514)
• Storage Tank Installer/Inspector Certification Application Form and Instructions (2630-PM-BECB0506)
• Storage Tank Training Course Approval Application and Instructions (2630-PM-BECB0402)
• Storage Tank Site-Specific Installation Permit Application Instructions (2630-PM-BECB0002)
• Initial Qualifications—Storage Tank Installer and Inspector Certification (2630-PM-BECB0506b)
• Renewal Qualifications—Storage Tank Installer and Inspector Certification (2630-PM-BECB0506b2)
• Instructions—Storage Tank Installer and Inspector Certification—Attachment A (2630-PM-BECB0506c)
The following form could be deleted under this proposed rulemaking:
• Aboveground Storage Tank Installation Inspection Summary (2630-FM-BECB0602). This form is being incorporated into the Aboveground Storage Tank Integrity Inspection Summary and Instructions (2630-FM-BECB0150).
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
The primary purpose of this proposed rulemaking is to strengthen the UST requirements by increasing the emphasis on properly operating and maintaining equipment. The proposed amendments would require that UST equipment be operated and maintained properly, which would help to further reduce the number of releases from USTs and in turn protect public health and the environment.
This proposed rulemaking also would require all ASTs in underground vaults that require an in-service inspection to be inspected within 6 and 12 months of installation and at least every 3 years thereafter due to their history of noncompliance. This mirrors the inspection requirement for USTs. Also, the initial inspection requirement and in-service inspection cycle for small ASTs would be shortened from 10 years to 5 years. Based on current in-service inspections, the compliance rate with regulatory requirements is less than 50%. The facility operations inspection cycle for USTs was shortened from 5 years to 3 years in a prior rulemaking, which has resulted in increased regulatory compliance. Increased compliance with the proposed regulatory requirements would mean fewer releases and a reduction in the severity of releases from ASTs.
H. Sunset Review
The Board is not proposing a sunset date for these regulations, since they are needed for the Department to carry out its statutory authority. The Department would continue to closely monitor these regulations for their effectiveness and recommend updates to the Board as necessary.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on February 13, 2018, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to this proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor.
J. Public Comments
Interested persons are invited to submit to the Board written comments, suggestions, support or objections regarding this proposed rulemaking. Comments, suggestions, support or objections must be received by the Board by March 26, 2018. Comments may be submitted to the Board online, by e-mail, by mail or express mail as follows.
Comments may be submitted to the Board by accessing eComment at http://www.ahs.dep.pa.gov/eComment.
Comments may be submitted to the Board by e-mail to RegComments@pa.gov. A subject heading of this proposed rulemaking and a return name and address must be included in each transmission.
If an acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.
Written comments should be mailed to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Environmental Quality Board, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.
K. Public Hearings
If sufficient interest is generated as a result of this publication, a public hearing will be scheduled at an appropriate location to receive additional comments.
PATRICK McDONNELL,
ChairpersonFiscal Note: 7-530. (1) General Fund; (2) Implementing Year 2017-18 is $0; (3) 1st Succeeding Year 2018-19 is $0; 2nd Succeeding Year 2019-20 is $132,000; 3rd Succeeding Year 2020-21 is $1,862,000; 4th Succeeding Year 2021-22 is $259,000; 5th Succeeding Year 2022-23 is $260,000; (4) 2017-18 Program—$8,372,000; 2016-17 Program—$8,622,000; 2015-16 Program—$9,026,000; (7) General Operations—various State agencies; (8) recommends adoption. There is no fiscal impact to the Department, but because State agencies own and operate ASTs and USTs, there will be increased costs spread through various agencies from the estimated totals in this fiscal note.
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 [which are] 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 [regulated under the Oil and Gas Act (58 P.S. §§ 601.101—601.605)].
* * * * * (xix) Other tanks excluded by regulations promulgated under the act.
Aboveground storage tank system—An above-ground 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).
[Actively involved—To perform or to conduct direct onsite supervision or oversight of the minimum number of qualifying activities in § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications) for renewal of installer or inspector certification in each applicable category, within the period in § 245.114(a)(3) (relating to renewal and amendment of certification).]
Adjacent—Next to or contiguous with.
* * * * * Cathodic protection tester—A person who can demonstrate an understanding of the principles and measurements of common [type] 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.
[(X)] (XI) UTT—Underground storage tank system tightness tester.
[(XI)] (XII) UMR—Underground storage tank system removal.
Certified company—An entity, including[, but not limited to,] 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 [employe] 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 [employe] employee of a tank owner.
* * * * * Containment structure or facility—Anything built, installed or established which comes in contact with regulated substances that are spilled, leaked, emitted, discharged, escaped, leached or disposed from a storage tank or storage tank system[. The term includes, but is not limited to], including a vault, dike, wall, building or secondary containment structure around an underground or [above-ground] aboveground storage tank, or any rock or other fill material placed around an underground storage tank.
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 [Material Safety Data Sheet (MSDS)] 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 [or for which installation has commenced on or before December 22, 1988] for which installation has either started or been completed in accordance with this chapter. Installation is considered to have [commenced] 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 [Subtitle C of CERCLA] 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.
* * * * * Install—Activities to construct, reconstruct or erect to put into service a storage tank, a storage tank system or storage tank facility.
[Interim certification—Certification granted by the Department on an interim basis under section 108 of the act (35 P.S. § 6021.108) to installers and inspectors of storage tank systems or storage tank facilities.]
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 effect] 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—[Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol, and is typically used in the operation of an internal combustion engine.] 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 [regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, codified without substantive change in 1994 by Pub.L. No. 103-272, 108 Stat. 1371 (49 U.S.C.A. §§ 60101—60125) which may include coastal, interstate or intrastate pipelines].
* * * * * Reconstruction—The work necessary to reassemble a storage tank that has been dismantled and relocated to a new [site] location.
Regulated substance—
[(i)] 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:
[(A)] (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).
[(B)] (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[, but not limited to,] oil, petroleum, petroleum mixed with ethanol, fuel oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude oils, gasoline and kerosene.
[(C)] (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:
[(I)] (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 [clause (B)] subparagraph (ii) apply for this group of substances.
[(II)] (B) Pure ethanol intended for blending with motor fuel. The requirements in this chapter for petroleum tanks in [clause (B)] 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. All spills, leaks, emissions, discharges, escapes, leaching or disposals of a regulated substance into a containment structure or facility pose an immediate threat of contamination of the soils, subsurface soils, surface water or groundwater, except when a regulated substance is present in a liquid-tight containment sump or emergency containment structure as a result of a tank handling activity, if 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.
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—[6026.909] 6026.208).
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 [an underground] 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) [Discontinued use, abandonment, closure in place and permanent closure but does not include temporary closure as those terms are used in the act.] 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.
[Reportable release—A quantity or an unknown quantity of regulated substance released to or posing an immediate threat to surface water, groundwater, bedrock, soil or sediment. The term does not include the following, if the owner or operator has control over the release, the release is completely contained and, within 24 hours of the release, the total volume of the release is recovered or removed in the corrective action:
(i) A release to the interstitial space of a double-walled aboveground or underground storage tank.
(ii) A release of petroleum to an aboveground surface that is less than 25 gallons.
(iii) A release of a hazardous substance to an aboveground surface that is less than its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601—9675) and 40 CFR Part 302 (relating to designation, reportable quantities, and notification).]
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—[An] 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 [or remove], 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) [regulated under] which is one of the following:
(A) [The Natural Gas Pipeline Safety Act of 1968.] Regulated under 49 U.S.C.A. §§ 60101—60141.
(B) [The Hazardous Liquid Pipeline Safety Act of 1979.] 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 [or intrastate] 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) Tanks containing radioactive materials or coolants that are regulated under The Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011—2297).
(xiv) A wastewater treatment tank system.]
(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).
[(xv)] (xiv) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
[(xvi)] (xv) An underground storage tank system that contains a de minimis concentration of regulated substances.
[(xvii)] (xvi) An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.
[(xviii) An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A (relating to general design criteria for nuclear power plants).
(xix)] (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 [may not use persons who are not Department certified] 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 [tanks] tank systems and tank handling activities conducted on all aboveground storage [tanks] 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.
* * * * *
[TIGHTNESS] TESTING ACTIVITIES § 245.31. Underground storage tank [tightness] 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 [of § 245.444(3) and (4)] in § 245.444(2) and (3) (relating to methods of release detection for tanks).
[(b) Tightness testing is required to be conducted when it is:
(1) Used as a method of release (leak) detection as prescribed in §§ 245.442(b)(1), 245.443(1), 245.444(3) and 245.445(2).
(2) Used to complete the installation of a new single wall constructed underground storage tank. The testing is an integral part of the installation process.
(3) Used in conjunction with cathodic protection upgrading as prescribed in § 245.422(b)(2)(iii) or (v) (relating to upgrading of existing underground storage tank systems).
(4) Used to test tanks repaired in response to a release as prescribed in § 245.434(5) (relating to repairs allowed).
(5) Otherwise required by the Department.
(c)] (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).
[(d)] (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 of suspected releases). A failed valid tightness test conducted as part of an investigation of a suspected release constitutes a confirmed release.
[(e)] (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 [of § 245.444(3)] 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 [tank] underground storage tank system passed or failed the tightness test, shall be included in the test report.
[(f)] (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).
[(g) Tightness testing of the underground storage tank system's piping shall be conducted by a Department-certified underground storage tank system tightness tester (UTT) after November 10, 2008.]
(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 [of] 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 or owner's representative] 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).
[(8)] (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 [of] 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 closure or] 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[—new and previous owner].
(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). [A tank owner filing a registration] 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 [established by] 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 [tightness] system testing requirements). Installer certification will only be issued by the Department to a person who:
* * * * * (d) [After March 23, 1992, a] 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 [section] examination and a minimum score of 80% on the administrative [section of the] 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 [for which he is a] 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 [he is a] the employee is the certified inspector, when the tank handling activity is performed on a [field constructed] 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 [a storage tank facility] 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 [in an inspection of the operation of a storage tank facility] 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. [Reciprocity.] (Reserved).
[(a) A person holding a valid certification issued under the law of another state, territory or the District of Columbia may be issued a certificate in a classification equivalent to the classification of the certification issued by the other state, territory or District of Columbia, if the person proves to the satisfaction of the Department that he is competent to conduct activities in the classification for which certification is being requested. In making its determination, the Department will consider the following:
(1) That the other certification was issued as a result of the passing of an examination equivalent in technical content to that given by the Department for that classification.
(2) That the applicant can be shown to have complied with the laws and requirements of the state, territory or District of Columbia, issuing the other certification in conducting activities for which the other certification was issued.
(3) That the applicant meets the experience and qualification requirements of this chapter for the category of certification being requested.
(4) The applicant achieves a passing grade on all administrative sections of the certification examination required by this chapter for the category of certification being requested.
(b) The applicant shall submit an application for certification to the Department in accordance with § 245.104 (relating to application for installer or inspector certification).]
§ 245.108. Suspension of certification.
(a) The Department may suspend the certification of a certified installer or certified inspector for good cause which includes[, but is not limited to]:
(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) In the case of 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 reports of inspection activities to the Department within 60 days of conducting [the inspection activities] an inspection activity, except for reports of modification inspection activities, which shall be reported to the Department within 30 days of conducting a modification inspection activity.
(5) In the case of 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 [of] 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 for 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 [results in the following:] causes pollution, causes a threat of pollution, or causes harm to the public health, safety or welfare.
[(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs as a result of the certified individual conducting activities related to the installation, modification, removal or inspection of storage tank systems.]
(10) Failure to perform underground tightness testing activities and documentation in accordance with § 245.31 (relating to underground storage tank [tightness] 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] system installation and modification {UMX}. Installation and modification of underground [storage tanks and] storage tank systems including[, but not limited to,] 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 {UMRI}. 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.
[(2)] (3) Underground storage [tank-removal] tank system removal {UMR}. Removal from service of underground storage tank systems [or storage tank facilities].
[(3)] (4) Underground storage tank [system-tightness] system tightness tester {UTT}. Tightness testing activities involved in conducting and interpreting results of volumetric and nonvolumetric tests on underground storage tank systems [or storage tank facilities]. This category also includes containment sump and spill prevention equipment testing and release detection equipment testing.
[(4)] (5) Aboveground manufactured metallic storage [tank-installation] tank system installation and modification {AMMX}. Installation and modification of aboveground manufactured metallic storage tank systems, including[, but not limited to,] 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.
[(5)] (6) Aboveground nonmetallic storage [tank-installation] tank system installation and modification {AMNX}. Installation and modification of above-ground nonmetallic [storage tanks or] storage tank systems, including[, but not limited to,] 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.
[(6)] (7) Aboveground manufactured storage [tank-removal] tank system removal {AMR}. Removal from service of aboveground manufactured storage tank systems [or storage tank facilities].
[(7)] (8) Aboveground field constructed metallic storage [tank-installation] 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 [system].
[(8)] (9) Aboveground field constructed storage [tank-removal] tank system removal {AFR}. Removal from service of aboveground field constructed and manufactured aboveground storage tank systems [or storage tank facilities].
[(9)] (10) Aboveground storage tank [mechanical-installation] system mechanical installation, modification and removal {AMEX}. Installation, modification and removal of tank related mechanical appurtenances, including[, but not limited to,] 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 [or storage tank facility].
[(10)] (11) Aboveground storage [tank-civil] tank system civil {ACVL}. Installation and modification of tank related structural components, including[, but not limited to,] 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 [or storage tank facility].
[(11) Storage tank-liner] (12) Storage tank liner {TL}. Activities involved in installation or modification of internal linings for underground and aboveground storage tank systems [or storage tank facilities] 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 certification[9 installations] 10 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 training 10 minor modifications UMR 2 years, or college degree and 1 year Technical training 6 removals UTT Department-approved training with testing equipment manufacturer's certification None AMMX 2 years, or college degree and 1 year
Technical training[9 installations] 10 installations or major modifications (at least 5 installations) or
UMX certification
Technical trainingNone or
AFMX certificationNone AMNX 2 years, or college degree and 1 year
Technical training
or
AMMX certification[9 which may be installations or major modifications] 10 installations or major modifications (at least 5 installations)
6 AST installationsAMR 2 years, or college degree and 1 year
Technical training6 removals or
UMR certificationNone or
AFR certificationNone AFMX 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 [or], 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. [The requirement for category-specific technical training is effective November 10, 2008.]
* * * * * § 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
andNone UMX certification
and
Corrosion protection trainingIAM 4 years, or college degree and 2 years
API 653 certification
orNone STI inspector certification
orDepartment-approved aboveground storage tank inspector certification 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, hydrology, geology or [environmental studies] 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.
[(f)] (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).
[(g)] (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 [for industry]).
[(h)] (i) Certified inspectors of underground storage tanks (IUM) shall complete Department-provided inspector training prior to conducting [UST facility operation] inspections on underground storage tank systems as required in § 245.411 (relating to inspection frequency).
(j) Certified inspectors 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 [renewed after January 9, 2008,] 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) [After the conversion to a uniform expiration date as provided in subsection (a), the] 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 [minimum] training requirements [or number of activities] in the appropriate category for renewal of installer certification:
Category [training] Training [Total Number of Activities Completed (Renewal by activities to be phased out November 10, 2009)] UMR Examination or Technical training
Administrative training[6 removals] UMX Examination or Technical training
Administrative training[9 installations or major modifications] UMI Examination or Technical training
Administrative trainingUTT Testing equipment manufacturer's certification
Administrative training[None] AMMX Examination or Technical training
Administrative training[9 installations or major modifications] AMNX Examination or Technical training
Administrative training[9 installations or major modifications] AFMX Examination or Technical training
Administrative training[12 installations or major modifications] AFR Examination or Technical training
Administrative training[6 removals] AMR Examination or Technical training
Administrative training[6 removals] AMEX Examination or Technical training
Administrative training[12 installations or major modifications] ACVL Examination or Technical training
Administrative training[12 installations or major modifications] TL Manufacturer's certification
Administrative training[9 tank linings]
(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) Renewal of categories based on number of activities completed without technical training or examination as provided in subsection (c) will be a method of renewal until November 10, 2009.
(f) Technical and administrative training shall be obtained within 2 years prior to application submission.]
(e) Technical, administrative and inspector training shall be obtained within 2 years prior to application submission.
(1) Administrative and inspector training will be provided by the Department. [Administrative training in subsection (c) is required after November 10, 2009.]
(2) Technical training is category-specific and must be approved by the Department in accordance with § 245.141 (relating to training approval).
[(g)] (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 [(relating to occupational and health standards for industry)].
(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.
[(h)] (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.
[(i)] (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.
[(j)] (i) Certified installers or certified inspectors required to amend their certifications in accordance with subsection [(h)(2)] (g)(2) shall comply with the applicable requirements [of] 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 [results in the following:] causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
[(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs while conducting activities related to the installation, modification, removal from service or inspection of storage tank systems.]
(5) Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.
* * * * *
STANDARDS [FOR] 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] Nationally recognized codes and standards, and State and Federal regulations which pertain to the categories for which certification was issued. [Nationally-recognized] 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, within 60 days of [the inspection activity] an inspection activity, except for a modification inspection, which shall be submitted within 30 days of the inspection activity, or 30 days of a tank handling activity, a Department-approved form certifying that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements [of] in the act and this chapter and accurately describes the conditions of the storage tank system and facility. 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.
(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 to the Department a release of a regulated substance or confirmed or suspected contamination of soil, surface or groundwater from regulated substances observed while performing services as a certified installer or certified inspector. This notification shall be submitted to the Department in writing within 48 hours of observing suspected or confirmed contamination on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, a copy of the test results shall also be provided to the Department with the notification report. When there is a reportable release, the notification may be submitted jointly by the owner, operator, certified installer and certified inspector. In this instance, the written notification report shall be submitted to the Department, at the appropriate regional office, in accordance with § 245.305 (relating to reporting releases).]
(4) Report any of 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 failed tests 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 shall also be provided to the Department with the notification report.
[(5)] (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.
[(6) Not 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, unless:
(i) The storage tank system project was accomplished 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 and as required by the act and this chapter and the certified inspector was present at the site during the conducting of inspection activities on the storage tank system project and as required by the act and this chapter.
(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 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.
(7) Not 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 or this chapter. Project certification applies to both certified activities and nontank handling activities that may have been performed as part of the project.]
(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. § 6201.107(c))] (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 Tank 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.
[(b)] (d) A certified installer or certified inspector shall display [a] his Department-issued certification identification card or certificate upon request.
[(c)] (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).
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