[48 Pa.B. 1101]
[Saturday, February 24, 2018]
[Continued from previous Web Page]
GENERAL OPERATING REQUIREMENTS § 245.432. Operation and maintenance including corrosion protection.
(a) [Owners and operators of steel underground storage tank systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store regulated substances:] Owners and operators of metal underground storage tank systems with corrosion protection shall comply with all of the following requirements to ensure that releases due to corrosion are prevented until the underground storage tank system is permanently closed or undergoes a change-in-service in accordance with § 245.452 (relating to permanent closure and changes-in-service).
(1) Corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances.
(2) Underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(i) Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.
(ii) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a [Nationally-recognized] Nationally recognized association.
(iii) Documentation. Surveys of cathodic protection systems required under this chapter shall be documented on a form provided by the Department and shall be provided to the Department upon request.
(3) Underground storage tank systems with impressed current cathodic protection systems shall be inspected or checked every 60 days to ensure the equipment is [running properly] functioning as designed. At a minimum, the operator or person conducting the 60-day check shall document the date checked, annotate the system's functioning status, and for systems equipped with a direct current readout meter, record the amount of current indicated on the meter.
(4) For underground storage tank systems using cathodic protection, records of the operation of the cathodic protection shall be maintained, in accordance with § 245.435 (relating to reporting and recordkeeping) to demonstrate compliance with the performance standards in this section. These records must provide the following:
(i) The results of the last three inspections required in paragraph (3).
(ii) The results of testing from the last two inspections required in paragraph (2).
(b) Monitoring and observation wells shall be clearly identified using industry codes and standards, and caps shall be secured to prevent unauthorized or accidental access.
(c) [Required equipment, including line leak detectors, product sensors and probes, dispenser pans] Underground storage tank systems and storage tank system components, including tanks, piping, line leak detectors, product sensors and probes, containment sumps, measuring devices (including gauge sticks), gauges, corrosion protection, spill prevention, overfill prevention and other appurtenances whose failure could contribute to a release of product, shall be maintained in a good state of repair to ensure they function as designed.
(d) Tanks which have been lined and have not had corrosion protection added in accordance with § 245.422(b)(2) (relating to upgrading of existing underground storage tank systems) shall have the lining evaluated by, or under the direct onsite supervision of, a TL certified tank installer or by a professional engineer.
(1) Evaluations must adhere to an evaluation process developed by a National association identified in § 245.405 (relating to codes and standards) (See API 1631 and NLPA 631) as follows:
(i) Ten years after lining installation.
(ii) Every 5 years after the preceding evaluation.
(2) Each evaluation finding shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank's operating life.
(e) Lined tank systems that do not meet original design specifications or have not been evaluated as required in subsection (d)(1) and (2) shall be emptied, removed from service and permanently closed in accordance with [§§ 245.451 and 245.452 (relating to temporary closure; and permanent closure and changes-in-service)] § 245.451 (relating to temporary removal from service (out-of-service)) and § 245.452.
(f) [Primary and secondary containment structure must be maintained in a leak free condition. If infiltration or a release is detected within the secondary containment, the defective component shall be repaired in accordance with § 245.434 (relating to repairs allowed). Repairs, including those performed to stop infiltration, shall be tested in accordance with § 245.434(5).] Primary and secondary containment structures, containment sumps and spill prevention equipment must be maintained in a leak-free condition. If any liquid or regulated substance is detected, the liquid or regulated substance shall be immediately removed and the defective component, if applicable, shall be repaired in accordance with § 245.434 (relating to repairs allowed). Repairs, including those performed to stop infiltration, shall be tested in accordance with § 245.434(4).
(g) A check for water in petroleum tanks shall be performed monthly and excess water shall be promptly removed as necessary. Water may not exceed the tank manufacturer's recommendations, product supplier's guidelines, or 2 inches of accumulation in the bottom of the tank, whichever is less. No amount of water is desirable in gasoline containing ethanol. Therefore, water should not be allowed to accumulate in tanks containing ethanol. Excess water shall be properly managed in accordance with applicable State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste), 40 CFR Part 261, Subpart B (relating to [hazardous waste identification] criteria for identifying the characteristics of hazardous waste and for listing hazardous waste) and 29 CFR Part 1910 (relating to occupational safety and health standards).
§ 245.433. Compatibility.
(a) Owners and operators shall use an underground storage tank system[,] made of or lined with materials[, that is] that are compatible with the substance stored in the underground storage tank system. [Owners and operators storing alcohol blends may use the following codes to comply with the requirements of this section:
(1) American Petroleum Institute Publication 1626, ''Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations.''
(2) American Petroleum Institute Publication 1627, ''Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations.'']
(b) An owner and operator of an underground storage tank storing alternative fuel blends or biodiesel or biodiesel blended fuel shall submit on a form provided by the Department information verifying compatibility of the underground storage tank system with the substance stored prior to storing the substance in the underground storage tank.
(c) Upon Department request, an owner and operator of an underground storage tank system shall demonstrate compatibility of the underground storage tank system with the substance stored by using one or more of the following:
(1) Certification or listing of the underground storage tank system equipment or component by a Nationally recognized, independent testing laboratory for use with the substance stored.
(2) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of alternative fuel blend or biodiesel blend with which the equipment or component is compatible, and be from the equipment or component manufacturer.
(3) Verification by a Pennsylvania-licensed professional engineer who has knowledge, experience and training in materials science that the equipment or component is compatible with the substance stored. The Department may request documentation supporting the professional engineer's verification.
(4) Another option that is determined by the Department to be at least as protective of human health and the environment as those in paragraphs (1)—(3).
§ 245.434. Repairs allowed.
Owners and operators of underground storage tank systems shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store regulated substances. The repairs must meet the following requirements:
(1) Repairs involving a tank handling activity shall be performed by or under the direct, onsite supervision and control of a certified installer.
(2) Repairs to underground storage tank systems shall be properly conducted in accordance with a code of practice developed by a [Nationally-recognized] Nationally recognized association or an independent testing laboratory.
[(3) Repairs to fiberglass reinforced plastic tanks may be made by the manufacturer's authorized representatives, and shall be made in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.
(4)] (3) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. [Fiberglass] Noncorrodible pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer's specifications.
[(5) Tanks, containment sumps, and piping repaired in response to a release shall be tightness tested in accordance with §§ 245.421(b)(4)(ii), 245.444(3) and 245.445(2) (relating to performance standards for underground storage tank systems; methods of release detection for tanks; and methods of release detection for piping), respectively, prior to placing the system back into service except as provided as follows:
(i) The repaired tank is internally inspected in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.
(ii) The repaired portion of the underground storage tank system is monitored monthly for releases in accordance with a method specified in § 245.444(4)—(9).
(iii) Another test method is used that is determined by the Department to be at least as protective of human health and the environment as those listed in subparagraphs (i) and (ii).]
(4) Repairs to secondary containment areas of tanks and piping, containment sumps and spill prevention equipment shall be tested for tightness according to the manufacturer's instructions, a code of practice developed by a Nationally recognized association or independent testing laboratory prior to returning the underground storage tank system to operating status. All other repairs to tanks, containment sumps and piping shall be tightness tested in accordance with §§ 245.421(b)(4)(ii), 245.444(2) and 245.445(2) (relating to performance standards for underground storage tank systems; methods of release detection for tanks; and methods of release detection for piping), respectively, prior to placing the underground storage tank system back into service except as provided as follows:
(i) The repaired tank is internally inspected in accordance with a code of practice developed by a Nationally recognized association or an independent testing laboratory.
(ii) Another test method is used that is determined by the Department to be at least as protective of human health and the environment as listed in subparagraph (i).
[(6)] (5) Within 6 months following the repair of a cathodically protected underground storage tank system, the cathodic protection system shall be tested in accordance with § 245.432(a)(2) and (3) (relating to operation and maintenance including corrosion protection) to ensure that it is operating properly.
[(7)] (6) Underground storage tank system owners and operators shall maintain records of each repair, including those in response to a release, for the remaining operating life of the underground storage tank system.
§ 245.435. Reporting and recordkeeping.
(a) Owners and operators of underground storage tank systems shall maintain records as required under this chapter and provide records, as requested, and cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors[, as well as]. Owners and operators shall provide records and cooperate fully in response to requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act [(35 P.S. § 6201.107(c))] (35 P.S. § 6021.107(c)).
(b) Owners and operators shall maintain required records either onsite at the [underground] storage tank facility or at a readily available alternative site. Records maintained at the [underground] storage tank facility shall be immediately available for inspection by the Department and certified inspectors. If records are maintained offsite, the records shall be easily obtained and provided for inspection or for review by the Department upon request.
[(1)] (c) Reporting. Owners and operators shall submit the following applicable information to the Department:
[(i)] (1) Notification in accordance with § 245.41 (relating to tank registration requirements) for underground storage tank systems, including change of ownership, closure of [a] an underground storage tank system, change of substance stored and change of tank status, and certification of installation for new underground storage tank systems (§ 245.421(c) (relating to performance standards for underground storage tank systems)).
[(ii) Reports of confirmed, reportable releases (§ 245.305(d) (relating to reporting releases)).]
(2) Reports of confirmed, releases (§ 245.305(c) (relating to reporting releases)).
[(iii)] (3) A site characterization report (§ 245.310 (relating to site characterization report)).
[(iv)] (4) Remedial action plans (§ 245.311 (relating to remedial action plan)), remedial action progress reports (§ 245.312 (relating to remedial action)) and remedial action completion reports (§ 245.313 (relating to remedial action completion report)).
[(v)] (5) A notification before installation, permanent closure or change-in-service of a storage tank or storage tank system (§ 245.421(a)(2) and § 245.452(a) (relating to permanent closure and changes-in-service)).
[(vi)] (6) In the case of permanent closure, closure records to the Department when requested.
[(2) Permanent recordkeeping. Owners and operators shall maintain records for new systems and available records for existing systems for the operational life of the tank system and retain the records for a minimum of 1 year after the tank system has been removed. Permanent records include the following:]
(d) Recordkeeping. Owners and operators shall maintain all of the following records for underground storage tank systems for the operational life of the system and retain the records for a minimum of 1 year after the underground storage tank system has been permanently closed:
[(i)] (1) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (§ 245.421(b)(1)(iv) and (2)(iii) and § 245.422(b)(2)(iv) and (c)(3) (relating to upgrading of existing underground storage tank systems)).
[(ii)] (2) The corrosion expert's design of an impressed current system or field-installed cathodic protection system or similar information that demonstrates compliance with §§ 245.421(b)(2)(ii)(B) and 245.422(b)(2) and (c)(2).
[(iii) Documentation of tank system installation, system modification and tank upgrade activities.]
(3) Documentation of underground storage tank system installation, modification and upgrade activities.
[(iv) Tank] (4) Underground storage tank system assessment records prior to upgrading in accordance with § 245.422(b).
[(v)] (5) Documentation of the installation testing and commissioning reports required for corrosion protection systems by manufacturers and National standards in accordance with § 245.432 (relating to operation and maintenance including corrosion protection).
[(vi) Documentation of underground storage tank system repairs, including those in response to a release (§ 245.434(6) (relating to repairs allowed)).]
(6) Documentation of underground storage tank system repairs.
[(vii)] (7) Tank lining evaluation reports (§ 245.432(d)).
[(viii)] (8) Documentation showing Department approval for a variance or alternate leak detection method (§§ 245.404 and 245.443 (relating to variances; and requirements for hazardous substance underground storage tank systems)).
[(3) Temporary recordkeeping. Owners and operators shall retain current temporary records for a minimum of 1 year after the tank system has been removed. Temporary records shall be maintained as follows:
(i) The current Storage Tank Registration/Permit Certificate.
(ii) Tank and pipe release detection records for the past 12 months, including written certifications or performance claims for the release detections methods in use and documentation of investigations of suspected releases (§§ 245.304 and 245.446 (relating to investigation of suspected releases; and release detection recordkeeping)).]
(9) Documentation showing the owner or operator of an underground storage tank system is continuously participating in the USTIF.
(10) The current Storage Tank Registration/Permit Certificate.
(11) Tank and piping release detection records for the past 12 months, including written certifications or performance claims for the release detection methods in use (§ 245.446 (relating to release detection recordkeeping)).
[(iii)] (12) The last annual check/testing, and maintenance records of leak detection equipment including probes, monitors, line leak detectors and automatic tank gauges that verify they are working properly and tested as required by the equipment manufacturers and this chapter.
[(iv)] (13) Documentation of the last three impressed current cathodic protection system inspection checks for each 60-day test period in accordance with § 245.432.
[(v)] (14) The last two cathodic protection surveys, done at 3-year intervals, on impressed current and galvanic cathodic protection systems in accordance with § 245.432.
[(vi)] (15) Results of the site investigation conducted at permanent closure or change-in-service (§ 245.455 (relating to closure records)).
[(vii)] (16) A properly completed closure report required under § 245.452(f).
[(viii)] (17) Documentation of the last test that demonstrates each containment sump[, dispenser pan and spill containment bucket] and spill prevention equipment installed or repaired after November 10, 2007, were tested and verified to be liquid-tight in accordance with [§§] § 245.421(b)(4) and § 245.434(5) (relating to repairs allowed).
[(ix)] (18) Documentation of operator training, including verification of training for current Class A, Class B and Class C operators, current list of operators and written instructions or procedures for Class C operators in accordance with § 245.436 (relating to operator training).
(19) For owners and operators conducting periodic testing of containment sumps and spill prevention equipment and evaluations of overfill prevention under § 245.437 (relating to periodic testing), documentation of the last test for the containment sump and spill prevention equipment and evaluation of the overfill prevention equipment.
(20) For owners and operators conducting periodic testing of containment sumps and spill prevention equipment under § 245.437(a)(1)(i), documentation showing that the equipment is double-walled and the integrity of both walls is periodically monitored in accordance with § 245.438(a)(1)(i) (relating to periodic operation and maintenance walkthrough inspections) for as long as the equipment is monitored by walkthrough inspection.
(21) Records of walkthrough inspections as required under § 245.438 for the past 12 months. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.
(22) Documentation of investigations of suspected releases in accordance with § 245.304 (relating to investigation of suspected releases).
§ 245.436. Operator training.
(a) Requirement for trained operators.
(1) An owner shall designate Class A, Class B and Class C operators for each underground storage tank system or storage tank facility that has underground storage tanks permitted to operate by the Department.
(2) A storage tank facility may not operate [after August 8, 2012,] unless operators have been designated and trained as required in this section, unless otherwise agreed upon by the Department.
(3) Trained operators shall be readily available to respond to suspected/confirmed releases, other unusual operating conditions and equipment shut-offs or failures.
(i) The Class A or Class B operator shall be available for immediate telephone consultation when a storage tank facility is in operation. A Class A or Class B operator must be able to be onsite at the storage tank facility within 24 hours.
(ii) [Facilities] Storage tank facilities that dispense motor fuel for retail sales to the general public shall be manned by an onsite Class C operator when open for business with the public in accordance with [37 Pa. Code §§ 13.115 and 13.117] 34 Pa. Code §§ 14a.115 and 14a.117 (relating to attended self-service stations; and supervision of dispensing). During an unexpected absence of a Class C operator, such as employee no-shows or call-offs, an onsite Class A or Class B operator may fill-in or temporarily substitute for the Class C operator. [Facilities] Storage tank facilities that do not dispense motor fuel to the general public may be manned based on the facility owner's requirements and routine operational needs. Emergency contact information and written instructions and procedures in the event of an emergency shall be immediately available upon request.
(iii) [For unmanned facilities, a Class C operator shall be available for immediate telephone consultation and shall be able to be onsite within 2 hours of being contacted. Emergency contact information shall be prominently displayed at the site. Emergency procedures for users of unmanned facilities shall also be prominently posted at the site.] For storage tank facilities that do not dispense motor fuel for retail sales to the general public, a Class C operator shall be available for immediate telephone consultation and shall be able to be onsite within 2 hours of being contacted. Emergency contact information and written instructions and procedures in the event of an emergency must be prominently displayed at the site and visible to the storage tank user.
[(4) Designated operators shall successfully complete required training under subsection (c) by August 8, 2012.
(5)] (4) A person may be designated for more than one class of operator.
(b) Operator classes.
(1) Class A operator. A Class A operator has primary responsibility to operate and maintain the underground storage tank system and facility. The Class A operator's responsibilities typically include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. In general, this person focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain the underground storage tank system and facility.
(i) A Class A operator assists the owner by ensuring that underground storage tank systems are properly installed and expeditiously repaired, and records of system installation, modification and repair are retained and made available to the Department and certified IUM inspectors.
(ii) A Class A operator shall be familiar with training requirements for each class of operator and may provide required training for Class C operators.
(iii) A Class A operator may prepare site drawings that indicate equipment locations for Class C operators and routine maintenance checklists for Class B operators. [(See PEI RP 900—''Recommended Practices for the Inspection and Maintenance of UST Systems.'')]
(iv) Department-certified [companies,] installers and inspectors with current underground storage tank UMX, UMI or IUM certification categories may perform Class A operator duties when employed or contracted by the tank owner to perform these functions.
(A) Department-certified installers[, inspectors and companies] and inspectors identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d) (relating to inspection frequency).
(B) A certified IUM inspector may not perform [a facility operation inspection] an inspection as required in § 245.411 for a facility where the inspector is also the designated Class A operator. (See § 245.106 (relating to conflict of interest).)
(2) Class B operator. A Class B operator implements applicable underground storage tank regulatory requirements and standards in the field or at the storage tank facility. This person oversees and implements the day-to-day aspects of operations, maintenance and recordkeeping for the underground storage [tanks] tank systems at one or more facilities. For example, the Class B operator ensures that release detection methods, release prevention equipment and related recordkeeping and reporting requirements are met, relevant equipment manufacturer's or third-party performance standards are available and followed, and appropriate persons are trained to properly respond to potential emergencies caused by releases or spills from underground storage tank systems at the facility.
(i) A Class B operator checks spill [prevention and overfill control] and overfill prevention equipment and corrosion protection equipment to ensure that they are functioning properly and that any required system tests are performed at required intervals.
(ii) A Class B operator assists the owner by ensuring that release detection equipment is operational, release detection is performed at the proper intervals and release detection records are retained and made available to the Department and certified IUM inspectors.
(iii) A Class B operator shall be totally familiar with Class B and Class C operator responsibilities, and may provide required training for Class C operators.
(iv) Department-certified [companies,] installers and inspectors with current underground storage tank UMX, UMI or IUM certification categories may perform Class B operator duties when employed or contracted by the tank owner to perform these functions.
(A) Department-certified installers[, inspectors and companies] and inspectors identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d).
(B) A certified IUM inspector may not perform [a facility operation inspection] an inspection as required in § 245.411 for a facility where the inspector is also the designated Class B operator. (See § 245.106.)
(3) Class C operator. A Class C operator is the first line of response to events indicating emergency conditions and may control or monitor the dispensing or sale of regulated substances. This person is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems and associated equipment failures. The Class C operator shall notify the Class A or Class B operator and appropriate emergency responders when necessary, based on the nature or type of emergency.
[(i) A Class C operator may control or monitor the dispensing or sale of regulated substances.
(ii) After June 28, 2010, written instructions or procedures shall be provided and visible at manned storage tank facilities, and be readily available for unmanned facilities for persons performing duties of the Class C operator to follow and to provide notification necessary in the event of emergency conditions.
(iii) There may be more than one Class C operator at a storage tank facility, but not all employees of a facility are necessarily Class C operators.]
(c) Required training.
(1) Class A operators. A Class A operator shall successfully complete a training course approved under § 245.141 (relating to training approval) [or recognized by the Department under paragraph (5)] that includes a general knowledge of underground storage tank system requirements. Training must provide information that should enable the operator to make informed decisions regarding compliance and to ensure that appropriate persons are fulfilling operation, maintenance and recordkeeping requirements and standards of this chapter or Federal underground storage tank requirements in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)), or both, including the following:
(i) Spill and overfill prevention.
(ii) Release detection and related reporting requirements.
(iii) Corrosion protection.
(iv) Emergency response.
(v) Product and equipment compatibility.
(vi) Financial responsibility.
(vii) Notification and storage tank registration requirements.
(viii) Temporary and permanent closure requirements.
(ix) Operator training requirements.
(2) Class B operators. A Class B operator shall successfully complete a training course approved under § 245.141 [or recognized by the Department under paragraph (5)] that includes an in-depth understanding of operation and maintenance aspects of underground storage tank systems and related regulatory requirements. Training must provide specific information on the components of underground storage tank systems, materials of construction, methods of release detection and release prevention applied to underground storage tank systems and components. Training must address operation and maintenance requirements [of] in this chapter or Federal underground storage tank requirements in 40 CFR Part 280, or both, including the following:
(i) Spill and overfill prevention.
(ii) Release detection and related reporting requirements.
(iii) Corrosion protection and related testing.
(iv) Emergency response.
(v) Product and equipment compatibility.
(vi) Reporting and recordkeeping requirements.
(vii) Class C operator training requirements.
(3) Class C operators. At a minimum, training provided by the tank owner or Class A or Class B operator must be site-specific and enable the Class C operator to take action in response to emergencies, such as situations posing an immediate danger or threat to the public or to the environment and that require immediate action, caused by spills or releases and alarms from an underground storage tank system. Training must include written instructions or procedures for the Class C operator to follow and to provide notification necessary in the event of emergency conditions.
(4) Class A and Class B operators. Successful completion for Class A and Class B operators means attendance for the entire training course and demonstration of knowledge of the course material as follows:
(i) Receipt of a passing grade under § 245.141(b)(4), on an examination of material presented in the training course, or demonstration through practical (hands-on) application to the trainer, operation and maintenance checks of underground storage tank equipment, including performance of release detection at the [underground] storage tank facility, at the conclusion of onsite training.
(ii) Receipt of a training certificate by an approved trainer upon verification of successful completion of training under this paragraph.
[(5) Reciprocity. The Department may also recognize successful completion of Class A and Class B operator training on regulatory standards consistent with 40 CFR Part 280, which is recognized by other states or implementing agencies and which is approved by the EPA as meeting operator training grant guidelines published by the EPA.
(6)] (5) Costs of training. The tank owner or operator shall incur the costs of the training.
(d) Timing of training.
(1) An owner shall ensure that Class A, Class B and Class C operators are trained [as soon as practicable after December 26, 2009, contingent upon availability of approved training providers, but by August 8, 2012] and identified on a form provided by the Department prior to placing the underground storage tank system into use.
(2) When a Class A or Class B operator is replaced[, after August 8, 2012], a new operator shall be trained within 30 days of assuming duties for that class of operator.
(3) Class C operators shall be trained before assuming duties of a Class C operator. [After June 28, 2010, written] Written instructions or procedures shall be provided to Class C operators to follow and to provide notification necessary in the event of emergency conditions. Class C operators shall be briefed on these instructions or procedures at least annually (every 12 months), which may be concurrent with annual safety training required by the Occupational Safety and Health Administration, under 29 CFR Part 1910 (relating to Occupational Safety and Health Standards).
(e) Documentation.
(1) The owner of [an underground] a storage tank facility shall prepare a list of designated operators. The list must represent the current Class A, Class B and Class C operators for the [underground] storage tank facility and include:
(i) The name of each operator, class of operation trained for and the date each operator successfully completed initial training and refresher training, if any.
(ii) For Class A and Class B operators that are not permanently onsite or assigned to more than one facility, telephone numbers to contact the operators.
(2) A copy of the certificates of training for Class A and Class B operators shall be on file and readily available and a copy of the facility list of Class A, Class B and Class C operators and Class C operator instructions or procedures shall be kept onsite and immediately available for [manned storage tank facilities and readily available for unmanned facilities. See § 245.435(b)(3)(ix) (relating to reporting and record-keeping).] storage tank facilities that dispense motor fuel for retail sales to the general public. Storage tank facilities that do not dispense motor fuel for retail sales to the general public shall have this information readily available. (See § 245.435(d)(18) (relating to reporting and recordkeeping).)
(3) Class C operator or owner contact information, including names and telephone numbers, and emergency procedures[,] shall be conspicuously posted at [unmanned facilities] storage tank facilities that do not dispense motor fuel for retail sales to the general public.
(Editor's Note: Sections 245.437 and 245.438 are proposed to be added and printed in regular type to enhance readability.)
§ 245.437. Periodic testing.
(a) Owners and operators of underground storage tank systems shall ensure installed equipment for release detection and prevention is operating properly by meeting all of the following requirements:
(1) Containment sumps used for interstitial monitoring of piping in accordance with § 245.444(6) (relating to methods of release detection for tanks) and spill prevention equipment must meet one of the following:
(i) When the containment sump or spill prevention equipment is double-walled, the integrity of both walls shall be periodically monitored by maintenance walkthrough inspections as required under § 245.438 (relating to periodic operation and maintenance walkthrough inspections). If walkthrough inspections are discontinued, the owner and operator shall comply with subparagraph (ii) and conduct a test within 30 days of the last inspection.
(ii) Containment sumps and spill prevention equipment shall be tested at least once every 3 years to ensure the equipment is liquid-tight by using vacuum, pressure or liquid.
(2) Overfill prevention equipment shall be evaluated at least once every 3 years. At a minimum, the evaluation shall ensure that overfill prevention equipment is set to activate at the correct level specified in § 245.421(b)(3) (relating to performance standards for underground storage tank systems) and must activate when the regulated substance stored reaches that level.
(3) Electronic and mechanical components of release detection equipment shall be tested for proper operation at least annually. At a minimum, required tests, as applicable to the facility, shall cover all of the following components and criteria:
(i) Automatic tank gauges and other controllers must be tested by:
(A) Testing alarm.
(B) Verifying system configuration.
(C) Testing battery backup.
(ii) Probes and sensors shall be tested:
(A) Inspecting for residual buildup.
(B) Ensuring that floats move freely.
(C) Ensuring the shaft is not damaged.
(D) Ensuring cables are free of kinks and breaks.
(E) Testing alarm operability or running condition and communication with controller.
(iii) Automatic line leak detectors shall be tested to meet criteria in § 245.445 (relating to methods of release detection for piping) by simulating a leak.
(iv) Vacuum pumps and pressure gauges shall be tested to ensure proper communication with sensors and controller.
(v) Handheld electronic sampling equipment associated with groundwater and vapor monitoring shall be tested to ensure proper operation.
(b) Owners and operators of underground storage tank systems shall ensure tests and evaluations required under this section are performed in accordance with one of the following criteria:
(1) Requirements developed by the manufacturer.
(2) Code of practice developed by a Nationally recognized association or independent testing laboratory.
(3) Requirements determined by the Department to be no less protective of human health and the environment than the requirements in paragraphs (1) and (2).
(c) Owners and operators shall comply with the periodic testing requirements in this section as follows:
(1) For underground storage tank systems installed on or before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), owners and operators shall ensure tests and inspections as required under this section are performed prior to the next required underground storage tank inspection occurring after _____ (Editor's Note: The blank refers to 365 days after the effective date of adoption of this proposed rulemaking.), or not later than _____ (Editor's Note: The blank refers to 1,095 days after the effective date of adoption of this proposed rulemaking.), whichever occurs first.
(2) For underground storage tank systems installed after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), these requirements apply at installation.
(d) Test liquids used to perform tests as required in this chapter shall be reused, treated or disposed in accordance with applicable requirements in Chapters 91, 92a, 260a—270a and 287—299.
§ 245.438 Periodic operation and maintenance walkthrough inspections.
(a) To properly operate and maintain spill prevention and release detection equipment part of underground storage tank systems, no later than _____ (Editor's Note: The blank refers to 365 days after the effective date of adoption of this proposed rulemaking.), owners and operators shall conduct walkthrough inspections at a minimum of every 30 days, with the exception of spill prevention equipment at underground storage tank systems receiving deliveries at intervals greater than every 30 days, which may be checked prior to each delivery. The walkthrough inspection shall include, at a minimum, all of the following:
(1) For spill prevention equipment:
(i) Visually check for damage.
(ii) Remove liquid or debris.
(iii) Check for and remove obstructions in the fill pipe.
(iv) Check the fill cap to make sure it is securely on the fill pipe.
(v) For double-walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area.
(2) For release detection equipment:
(i) Check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present.
(ii) Ensure records of release detection testing are reviewed and current.
(b) To properly operate and maintain containment sumps and handheld release detection equipment part of underground storage tank systems, no later than _____ (Editor's Note: The blank refers to 365 days after the effective date of adoption of this proposed rulemaking.), owners and operators shall conduct walkthrough inspections at a minimum of every 12 months that include, at a minimum, all of the following:
(1) For containment sumps:
(i) Visually check for damage and the presence of liquid or debris.
(ii) Remove liquid or debris.
(iii) For double-walled sumps with interstitial monitoring, check for a leak in the interstitial area.
(2) For handheld release detection equipment, check devices such as tank gauge sticks or groundwater bailers for operability and serviceability.
(c) Owners and operators of underground storage tank systems shall ensure operation and maintenance walkthrough inspections required under this section are performed in accordance with one of the following criteria, unless the Department determines that a more stringent requirement is necessary to avoid releases of regulated substances from underground storage tank systems:
(1) Requirements developed by the manufacturer.
(2) Code of practice developed by a Nationally recognized association or independent testing laboratory.
(3) Requirements determined by the Department to be no less protective of human health and the environment than the requirements in paragraphs (1) and (2).
RELEASE DETECTION § 245.441. General requirements for underground storage tank systems.
(a) Owners and operators of new and existing underground storage tank systems shall provide a method, or combination of methods, of release detection that:
(1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product.
(2) Is installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition.
(3) Meets the performance requirements in § 245.444 or § 245.445 (relating to methods of release detection for tanks; and methods of release detection for piping), with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods [used after the date shown in the following table corresponding with the specified method except for methods permanently installed prior to that date, shall] in §§ 245.444 and 245.445 must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of this subchapter[, also shown in the table,] with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.
[Method Section Date After Which Pd/Pfa Must be Characterized Manual Tank Gauging 245.444(2) December 22, 1990 Tank Tightness Testing 245.444(3) December 22, 1990 Automatic Tank Gauging 245.444(4) December 22, 1990 Statistical Inventory Reconciliation 245.444(8) December 22, 1990 Automatic Line Leak Detectors 245.445(1) September 22, 1991 Line Tightness Testing 245.445(2) December 22, 1990]
(i) Test method performance claims shall be verified by an independent third party using leak rates that are unknown to the tester.
(ii) When the EPA evaluation protocol for a method changes, the manufacturer shall reevaluate the method within 24 months of the new protocol's effective date for its continued use in this Commonwealth.
(b) When a release detection method operated in accordance with the performance standards in §§ 245.444 and [§] 245.445 indicates a release may have occurred, owners and operators shall investigate the suspected release in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(c) Owners and operators of underground storage tank systems shall comply with the release detection requirements [of] in this subchapter.
(d) An existing tank system that cannot apply a method of release detection that complies with this subchapter must immediately empty the tank and complete the closure procedures in §§ 245.451—245.455 (relating to out-of-service underground storage tank systems and closure).
[(e) For existing tank systems equipped with double-walled pressurized piping that routinely contains regulated substance, and containment sumps at the piping junctures and dispensers, the containment sumps and dispenser pan sumps of these systems shall be monitored monthly beginning November 10, 2009, and monthly monitoring records maintained for the last 12 months of monitoring. Monitoring shall be accomplished by one of the following methods:
(1) Monthly visual check of the sumps.
(2) Interstitial monitoring under § 245.444(7) (relating to methods of release detection for tanks) (also see secondary containment—liquid sump sensors in PEI RP 100).]
§ 245.442. [Requirements] Periodic monitoring requirements for petroleum underground storage tank systems.
(a) [Owners and operators of underground storage tank systems installed after November 10, 2007, shall perform interstitial monitoring, at least once every 30 days, in accordance with § 245.444(7) (relating to methods of release detection for tanks) of both the tank and underground piping that routinely contains a product (regulated substance). In addition, pressurized piping for these systems must be equipped and operated with an automatic line leak detector with an automatic pump shut off device in accordance with § 245.445(1) (relating to methods of release detection for piping).] Owners and operators of underground storage tank systems that store petroleum installed after November 10, 2007, and underground piping installed after November 10, 2007, that routinely contain regulated substances shall perform interstitial monitoring in accordance with § 245.444(6) (relating to methods of release detection for tanks) at least once every 30 days. Underground piping installed after November 10, 2007, that conveys regulated substances under pressure must be equipped and operated with an automatic line leak detector with an automatic pump shut off device in accordance with § 245.445(1) (relating to methods of release detection for piping). Release detection is not required for suction piping that meets the requirements in subsection (b)(2)(ii)(A)—(E).
(b) Owners and operators of petroleum underground storage tank systems installed on or before November 10, 2007, shall provide release detection for tanks and piping as follows:
(1) Tanks. Tanks shall be monitored at least every 30 days for releases using one of the methods [listed in § 245.444(4)—(9) except that:] in § 245.444(1)—(8).
[(i) Underground storage tank systems that meet the performance standards in § 245.421 (relating to performance standards for underground storage tank systems), may use monthly inventory control requirements in § 245.444(1) or (2), and tank tightness testing (conducted in accordance with § 245.444(3)) until 10 years after the tank was first installed or upgraded under § 245.422(b), but not later than December 22, 2008.
(ii) Underground storage tank systems with a capacity of 1,001 to 2,000 gallons may use manual tank gauging, conducted in accordance with § 245.444(2) and a tank tightness test at least every 5 years until November 10, 2017.
(iii) Tanks with a capacity of 550 gallons or less may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.
(iv) Tanks with a capacity of 551 to 1,000 gallons using the longer test times specified may use manual tank gauging, conducted in accordance with § 245.444(2) as long as they continue to meet requirements of this subchapter.]
(2) Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:
* * * * * § 245.443. Requirements for hazardous substance underground storage tank systems.
Owners and operators of hazardous substance underground storage tank systems shall provide release detection that meets the following requirements:
(1) [Release detection at existing underground storage tank systems shall meet the requirements for petroleum underground storage tank systems in § 245.442 (relating to requirements for petroleum underground storage tank systems). By December 22, 1998, all existing hazardous substance underground storage tank systems shall meet the release detection requirements for new systems in paragraph (2).] Hazardous substance underground storage tank systems installed after November 10, 2007, shall perform interstitial monitoring in accordance with § 245.444(6) (relating to methods of release detection for tanks).
(2) Release detection at [new] hazardous substance underground storage tank systems [shall] installed on or before November 10, 2007, must meet the following requirements:
(i) Secondary containment systems.
(A) Secondary containment systems shall be designed, constructed and installed to:
(I) Contain regulated substances released from the tank system until they are detected and removed.
(II) Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system.
(III) Be checked for evidence of a release at least every 30 days.
[(B) The provisions of § 264.193 (relating to secondary containment) may be used to comply with the requirements of this paragraph.]
(3) The provisions of 40 CFR 264.193 (relating to containment and detection of releases) may be used to comply with the requirements in this paragraph.
[(ii)] (i) Double walled tanks shall be designed, constructed and installed to:
(A) Contain a release from any portion of the inner tank within the outer wall.
(B) Detect the failure of the inner wall.
[(iii)] (ii) External liners, including vaults, shall be designed, constructed and installed to:
(A) Contain 100% of the capacity of the largest tank within its boundary.
(B) Prevent the interference of precipitation or ground-water intrusion with the ability to contain or detect a release of regulated substances.
(C) Surround the tank completely making it capable of preventing lateral as well as vertical migration of regulated substances.
[(iv)] (4) Underground piping shall be equipped with secondary containment that satisfies the requirements [of] in subparagraph (i) for example, trench liners, jacketing or double-walled pipe. In addition, underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).
[(v)] (5) Other methods of release detection may be used if owners and operators:
[(A)] (1) Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in [§ 245.444(2)—(9) (relating to methods of release detection for tanks)] § 245.444(1)—(8) can detect a release of petroleum.
[(B)] (ii) Provide information to the Department on effective corrective action technologies, health risks and chemical and physical properties of the stored substance, and the characteristics of the underground storage tank site.
[(C)] (iii) Obtain approval from the Department to use the alternate release detection method before the installation and operation of the new underground storage tank system.
§ 245.444. Methods of release detection for tanks.
[Each method of release detection for tanks used to meet the requirements of § 245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Inventory control. Product inventory control, or another test of equivalent performance, shall be conducted monthly to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis in the following manner:
(i) Inventory volume measurements for regulated substance inputs, withdrawals and the amount still remaining in the tank are recorded each operating day.
(ii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest 1/8 of an inch.
(iii) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery.
(iv) Deliveries are made through a drop tube that extends to within 1 foot of the tank bottom.
(v) Product dispensing is metered and recorded within an accuracy of at least 6 cubic inches for every 5 gallons of product withdrawn.
(vi) Dispenser meters shall be calibrated.
(vii) The measurement of any water level in the bottom of the tank is made to the nearest 1/8 of an inch at least once a month.
(2) Manual tank gauging. Manual tank gauging shall meet the following requirements:]
Each method of release detection for tanks used to meet the requirements in §§ 245.441 and 245.442 (relating to general requirements for underground storage tank systems; and periodic monitoring requirements for petroleum underground storage tank systems) shall be conducted in accordance with all of the following:
(1) Manual tank gauging. Manual tank gauging shall meet the following requirements:
(i) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank.
(ii) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period.
(iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest 1/8 of an inch.
(iv) A leak is suspected and subject to Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:
Nominal Tank Capacity Minimum Duration of Test Weekly Standard (one test) Monthly Standard (average of) four tests Periodic Tightness Test Required 550 gallons or less 36 hours 10 gallons 5 gallons No 551—1,000 gallons: 64" diameter tank 44 hours 9 gallons 4 gallons No 551—1,000 gallons: 48" diameter tank 58 hours 12 gallons 6 gallons No 551—1,000 gallons 36 hours 13 gallons 7 gallons Yes [1,001—2,000 gallons 36 hours 26 gallons 13 gallons Yes]
(v) [Only tanks of 550 gallons or less nominal capacity may use this as the sole method of release detection. Tanks of 551 to 2,000 gallons may use the method in place of manual inventory control in paragraph (1). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this section.] Owners and operators of underground storage tanks of greater than 1,000 gallons nominal capacity may not use this method to meet the requirements in this section.
[(3)] (2) Tank tightness testing. Tank tightness testing, or another test of equivalent performance, must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
[(4)] (3) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet one of the following requirements:
(i) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product.
(ii) [For tank gauges installed prior to December 22, 1990, that do not meet the requirements of subparagraph (i), inventory control, or another test of equivalent performance, shall also be conducted in accordance with paragraph (1). Tank gauges shall be replaced or be certified by an independent third party verifying the gauge's ability to detect the leak rate in subparagraph (i) following EPA evaluation protocol by November 10, 2008.] Tank gauges shall be certified by an independent third party verifying the gauge's ability to detect the leak rate in subparagraph (i) following EPA evaluation protocol.
[(5)] (4) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:
* * * * * [(6)] (5) Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:
* * * * * [(7)] (6) Interstitial monitoring. Interstitial monitoring between the underground storage tank system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:
(i) For double-walled underground storage tank systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product.
(ii) For underground storage tank systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the underground storage tank system and the secondary barrier.
* * * * * (F) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with [§ 245.432(5)] § 245.432(b).
(iii) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.
[(8)] (7) Statistical Inventory Reconciliation (SIR). SIR shall meet the performance standards of paragraph [(9)(i)] (8)(i) for monthly monitoring.
(i) The owner or operator shall follow the instructions of the SIR manufacturer's protocol.
(ii) A separate report for each tank monitored shall be maintained by the [owner/operator] owner or operator in accordance with § 245.446(2) (relating to release detection recordkeeping). Each report shall meet the following requirements:
[(A) Owners and operators shall have reports available within 20 days of the end of the monitored period.
(B)] (A) A valid report shall include the calculated leak rate, positive for out of tank and negative for into tank, minimum detectable leak rate (MDL), leak detection threshold, probability of detection (Pd) and probability of false alarm (Pfa) which the supplied data supports.
[(C)] (B) A valid report shall also include one of the following test results:
(I) If the calculated leak rate, absolute value, is less than the leak threshold and the MDL is less than or equal to the certified performance standard [(paragraph (3), paragraph (9)(i) or § 245.445(2) (relating to methods of release detection for piping))], the test result is ''pass.''
(II) If the calculated leak rate, absolute value, is greater than the leak threshold, the test result is ''fail.''
(III) If the MDL exceeds the certified performance standard and the calculated leak rate is less than the leak threshold, the test result is ''inconclusive.'' An inconclusive result is considered a suspected leak and shall be investigated in accordance with § 245.304 (relating to investigation of suspected releases).
[(9)] (8) Other methods. Other types of release detection methods, or a combination of methods, may be used if the owner or operator can demonstrate to the Department that one of the following exists:
(i) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05.
(ii) It can detect a release as effectively as any of the methods allowed in paragraphs [(3)—(8)] (2)—(7). In comparing methods, the Department will consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with conditions imposed by the Department on its use to ensure the protection of human health and the environment.
§ 245.445. Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements [of] in § 245.442 (relating to periodic monitoring requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:
(1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or automatically shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 [gallons per hour] gallons-per-hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the automatic line leak detector shall be conducted in accordance with the manufacturer's requirements. [Underground]
(i) Except as provided in subparagraph (ii), underground storage tank systems installed or replaced after November 10, 2007, must have automatic line leak detectors with an automatic pump shut-off device that shuts off the flow of regulated substances through pressurized piping that routinely contains and conveys product from the tank (See § 245.421(a)(1) (relating to performance standards for underground storage tank systems)).
(ii) Owners and operators of underground storage tank systems that store fuel solely for use by emergency power generators shall install methods that trigger an audible or visual alarm to meet the requirements in this subsection.
(iii) Except as provided in subparagraph (ii), pressurized piping installed on or before November 10, 2007, that conveys regulated substances must be equipped with a method that restricts or automatically shuts off the flow of regulated substances and meets the requirements in this section if the storage tank facility is unattended while open for business.
(2) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at 1 1/2 times the operating pressure.
(3) Applicable tank methods. The methods in [§ 245.444(5)—(9)] § 245.444(4)—(8) (relating to methods of release detection for tanks) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.
OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE § 245.451. Temporary [closure] removal from service (out-of-service).
(a) When an underground storage tank system is temporarily [closed] removed from service (out-of-service), the owner shall complete and submit an amended registration form to the Department within 30 days in accordance with § 245.41 (relating to tank registration requirements).
(b) Owners and operators shall continue operation and maintenance of corrosion protection in accordance with § 245.432 (relating to operation and maintenance including corrosion protection), while the tank is temporarily out-of-service[, and release detection in accordance with §§ 245.441—245.446 (relating to release detection) until the tank is empty]. Records shall continue to be kept in accordance with § 245.435 (relating to reporting and recordkeeping).
(c) Owners and operators shall empty a tank being placed temporarily out-of-service [within 30 days or] prior to submission of the registration form to the Department[, whichever occurs first,] unless directed otherwise by the Department. Removed contents shall be reused, treated or disposed of in accordance with State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste) and 29 CFR Part 1910 (relating to occupational safety and health standards). Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system. Owners and operators shall maintain release detection records required under § 245.446(2) (relating to release detection recordkeeping) for the most recent 12-month period of active operation.
(d) Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed.
(e) [Routine facility inspection requirements at 3-year intervals in § 245.411(c) (relating to inspection frequency) may be delayed for a storage tank facility with all tank systems temporarily closed, unless notified otherwise by the Department under § 245.21(c) and (d) (relating to tank handling and inspection requirements). A delayed inspection shall be performed on a storage tank system or facility in temporary closure when returning the tank system to operating status.] Inspection requirements at 3-year intervals in § 245.411(c) (relating to inspection frequency) shall be performed on an underground storage tank system in temporary out-of-service status.
(f) When an underground storage tank system is temporarily [closed] removed from service for 3 months or more, owners and operators shall also comply with the following requirements:
(1) Vent lines shall be open and functioning.
(2) All other lines, pumps, manways and ancillary equipment shall be capped and secure.
(g) When an underground storage tank system is temporarily [closed] removed from service for more than 12 months, owners and operators shall:
(1) Permanently close the underground storage tank system if it does not meet either performance standards in § 245.421 (relating to performance standards for underground storage tank systems) for new underground storage tank systems or the upgrading requirements in § 245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met.
(2) Permanently close the substandard underground storage tank systems at the end of this 12-month period in accordance with §§ 245.452—245.455, unless the Department provides an extension of the 12-month temporary [closure] out-of-service period.
(3) Complete a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.
(h) Underground storage tank systems that meet performance standards in § 245.421 or the upgrading requirements in § 245.422 shall be permanently closed within 3 years of being placed temporarily out-of-service or by November 10, 2010, whichever is later, unless the Department grants an extension to this temporary [closure] out-of-service period. The Department may establish conditions and require submission of documentation associated with extension of the temporary [closure] out-of-service period, such as the following:
(1) Requirements for inspection under [§§ 245.21 and 245.411] § 245.21 (relating to tank handling and inspection requirements) and § 245.111.
(2) Verification and testing of cathodic protection systems under § 245.432.
(3) Site assessment under § 245.453.
(4) Other considerations determined by the Department.
(i) The Department may require tests to be performed of the underground storage tank system in temporary out-of-service status when returning the storage tank system to currently-in-use status. These tests may include tank and line tightness testing, verification of compatibility, operability testing as required under § 245.437 (relating to periodic testing), internal inspection of the tank or other tests to ensure proper operation.
§ 245.452. Permanent closure and changes-in-service.
(a) At least 30 days before beginning either permanent closure or a change-in-service under subsections (b) (d), or within another reasonable time determined by the Department, owners and operators shall notify the Department on a form provided by the Department of their intent to permanently close or make the change-in-service, unless the action is in response to corrective action. The required assessment of the excavation zone under § 245.453 (relating to assessing the site at closure or change-in-service) shall be performed after notifying the Department but before completion of the permanent closure or a change-in-service.
(b) To permanently close a tank, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice [such as API 2015] by removing the liquids and accumulated sludges. Tanks [taken out of service permanently] being permanently closed shall also be either removed from the ground or filled with a nonshrinking, inert solid material.
(c) [Replacement of the underground piping connected to a storage tank shall be considered a permanent closure of that part of the underground storage tank system. The requirements applicable to permanent closure of an underground storage tank system also apply to the permanent closure of system piping.] Replacement, removal or closure-in-place of underground product piping or remote fill lines connected to a storage tank shall be considered a permanent closure of that part of the underground storage tank system. A major modification to the dispenser involving excavation beneath the dispenser and removal of the dispenser shall also be considered permanent closure of that part of the tank system. The requirements applicable to permanent closure of an underground storage tank system also apply to the permanent closure of system piping, remote fill lines, and dispensers.
(d) Before a change-in-service, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice such as API 2015 by removing the liquid and accumulated sludge, and conduct a site assessment in accordance with § 245.453.
(e) [An amended registration shall be submitted by the owner to the Department.] The owner shall complete and submit an amended tank registration form, signed by the owner and the certified installer that provided direct onsite supervision of the tank handling activity, to the Department within 30 days of either of the following:
(1) The completion of permanent closure.
(2) Change-in-service of the tank.
(f) A properly completed closure report is required to permanently close a site, including a change-in-service. A copy of the completed closure report shall be submitted to the Department when requested.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
