Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS
GENERAL Sec.
245.401. Purpose.
245.402. Scope.
245.403. Applicability.
245.404. Variances.
245.405. Codes and standards.
INSPECTIONS
245.411. Inspection frequency.
UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION
245.421. Performance standards for underground storage tank systems.
245.422. Upgrading of existing underground storage tank systems.
245.423. [Reserved].
245.424. Standards for new field constructed tank systems.
245.425. Reuse of removed tanks.
GENERAL OPERATING REQUIREMENTS
245.431. Spill and overfill control.
245.432. Operation and maintenance including corrosion protection.
245.433. Compatibility.
245.434. Repairs allowed.
245.435. Reporting and recordkeeping.
245.436. Operator training.
245.437. Periodic testing.
245.438. Periodic operation and maintenance walkthrough inspections.
RELEASE DETECTION
245.441. General requirements for underground storage tank systems.
245.442. Periodic monitoring requirements for petroleum underground storage tank systems.
245.443. Requirements for hazardous substance underground storage tank systems.
245.444. Methods of release detection for tanks.
245.445. Methods of release detection for piping.
245.446. Release detection recordkeeping.
OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE
245.451. Temporary removal from service (out-of-service).
245.452. Permanent closure and changes-in-service.
245.453. Assessing the site at closure or change-in-service.
245.454. Applicability to previously closed underground storage tank systems.
245.455. Closure records.
Source The provisions of this subchapter E adopted October 10, 1997, effective October 11, 1997, 27 Pa.B. 5341, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 245.1 (relating to definitions); 25 Pa. Code § 245.222 (relating to application requirements); and 25 Pa. Code § 245.232 (relating to general requirements).
GENERAL
§ 245.401. Purpose.
This subchapter establishes the operational and technical requirements for underground storage tanks and underground storage tank facilities.
§ 245.402. Scope.
This subchapter applies to underground storage tank systems regulated under the act and this chapter.
Source The provisions of this § 245.402 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331061).
§ 245.403. Applicability.
(a) General. The requirements in this subchapter apply to owners and operators, as well as installers and inspectors of underground storage tank systems as defined in § 245.1 (relating to definitions), except as otherwise provided in subsections (c) and (d).
(b) Emergency power generator fuel tanks. Underground storage tank systems that store fuel solely for use by emergency power generators must meet the requirements in § § 245.441—245.446 (relating to release detection) as follows:
(1) Underground storage tank systems installed on or before November 10, 2007, must meet the requirements in § § 245.441—245.446 on or before December 21, 2020.
(2) Underground storage tank systems installed after November 10, 2007, must meet the requirements in § § 245.441—245.446 on or before December 22, 2019.
(3) Underground storage tank systems installed after December 22, 2018, must meet the requirements in § § 245.441—245.446 at installation.
(c) Partial exclusions. Except as provided in paragraph (4), the following underground storage tanks systems are not required to comply with § § 245.411, 245.421(b)(3) and (4)(ii) and (iii), 245.422(d), 245.432(g) and 245.436—245.446:
(1) A wastewater treatment tank system installed on or after May 7, 1985, that is not part of a wastewater treatment facility regulated under sections 307(b) or 402 of the Clean Water Act (33 U.S.C.A. § § 1317(b) and 1342).
(2) An underground storage tank system installed on or after May 7, 1985, containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. § § 2011—2296b-7).
(3) An underground storage tank system installed on or after May 7, 1985, that is part of an emergency generator system at a nuclear power generation facility licensed by the United States Nuclear Regulatory Commission and subject to United States Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR Part 50 (relating to domestic licensing of production and utilization facilities).
(4) An underground storage tank system referenced in paragraph (1), (2), or (3) installed before May 7, 1985, is not required to comply with § § 245.411—245.422, 245.424, 245.432, 245.433 and 245.436—245.446.
(d) Previously excluded underground storage tanks. Underground storage tank systems that were not required to be registered with the Department prior to December 22, 2018, shall be registered with the Department by February 20, 2019. Underground storage tanks include all of the following:
(1) Field-constructed underground storage tanks installed on or before October 11, 1997, that the Department previously did not require to be registered as a matter of policy. These tanks are temporarily excluded from § § 245.421, 245.422, 245.431, 245.432, 245.437 and 245.441—245.446, until December 22, 2019.
(2) Underground storage tank systems referenced in subsection (c)(1)—(3) installed on or before December 22, 2018.
Source The provisions of this § 245.403 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331061).
§ 245.404. Variances.
When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:
(1) A variance may only be granted when the storage tank system meets alternative technical standards that fully protect human health and the environment.
(2) A written application for a variance shall be submitted to the Department and provide the following information:
(i) The facility name and identification number for which the variance is sought.
(ii) The specific sections of this subchapter from which a variance is sought.
(iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.
(iv) Evidence, including plans, specifications and test results, which supports an alternative design, practice, schedule or method as being no less protective of human health and the environment than the requirements of the sections identified in subparagraph (ii).
(3) New technologies may be granted a variance. New technologies shall be reviewed and documented by a professional engineer and documentation provided to the Department with the variance request.
(4) When granting the variance, the Department may impose specific conditions necessary to ensure the adequate protection of human health and the environment.
(5) The Department will provide to the applicant a written notice of approval, approval with additional conditions or denial. Granted variances will be published in the Pennsylvania Bulletin.
(6) The Department may not grant any variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 37 Pa. Code Chapter 11 (relating to flammable and combustible liquids; preliminary provisions) and 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).
Source The provisions of this § 245.404 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331061) to (331062).
Cross References This section cited in 25 Pa. Code § 245.435 (relating to reporting and recordkeeping).
§ 245.405. Codes and standards.
(a) The following Nationally-recognized associations and their codes and standards shall be used in conjunction with manufacturer’s specifications to comply with this subchapter:
(1) American Concrete Institute (ACI).
(2) American National Standards Institute (ANSI).
(3) American Petroleum Institute (API).
(4) American Society for Testing and Materials (ASTM).
(5) Association of Composite Tanks (ACT).
(6) Fiberglass Petroleum Tank and Pipe Institute.
(7) NACE International—The Corrosion Society (NACE).
(8) National Fire Protection Association (NFPA).
(9) National Leak Prevention Association (NLPA).
(10) Petroleum Equipment Institute (PEI).
(11) Steel Tank Institute (STI).
(12) Underwriters Laboratory (UL).
(b) The most current or latest edition of the codes and standards shall be applied when used to meet the technical standards and requirements of this subchapter. Other Nationally-recognized associations and their codes and standards not referenced in this part may also be used to comply with this subchapter, when approved by the Department.
(c) When Nationally-recognized codes and standards or manufacturer’s specifications are updated, facilities or storage tank systems installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standards, unless specifically required in the revised standards or by the Department.
(d) Regulatory requirements shall prevail over Nationally-recognized codes and standards whenever there is a conflict.
Source The provisions of this § 245.405 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234723) to (234724).
Cross References This section cited in 25 Pa. Code § 245.132 (relating to standards of performance); and 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection).
INSPECTIONS
§ 245.411. Inspection frequency.
(a) Inspection of underground storage tank systems. Underground storage tank owners or operators shall have their underground storage tank systems inspected by a certified inspector at the frequency in subsections (b) and (c). The inspection shall include release detection, assessment of the underground storage tank system and ancillary equipment, operation of overfill and spill prevention equipment where practicable, corrosion protection testing, or verification that corrosion protection is functional, and release prevention measures.
(b) Initial inspections. Newly installed underground storage tank systems shall be inspected between 6 to 12 months after installation. If the tank ownership changes, an inspection of the underground storage tank system shall be completed between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.
(c) Subsequent inspections.
(1) The interval between subsequent inspections may not exceed 3 years (36 months) beginning after the last inspection, except as provided in paragraph (2).
(2) An inspection in addition to those required in subsection (b) and paragraph (1) may be required by the Department when the prior inspection determined release detection, corrosion protection or operational violations occurred, or when the Department determines the inspection is necessary to verify compliance with this subchapter.
(d) Training. The Department may require facility owners and operators to successfully complete a release detection, release prevention or operator training course, such as those offered by Nationally recognized associations or professional industry trainers approved under § 245.141 (relating to training approval), when related violations are documented through an inspection. Owners and operators of underground storage tanks that the Department determines through inspection are failing to meet EPA guidelines for significant operational compliance shall be retrained in a manner consistent with the training recommended in Department guidance entitled ‘‘Underground Storage Tank Class A and Class B Operator Training Courses.’’ The owner or operator shall incur the costs of the training.
Source The provisions of this § 245.411 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347249) to (347250).
Cross References This section cited in 25 Pa. Code § 245.106 (relating to conflict of interest); 25 Pa. Code § 245.113 (relating to certified inspector experience and qualifications); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.436 (relating to operator training); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION
§ 245.421. Performance standards for underground storage tank systems.
(a) New underground storage tank systems.
(1) Underground storage tank systems installed or replaced after November 10, 2007, must have total secondary containment, which consists of double-walled tanks, double-walled piping (for piping that routinely contains and conveys regulated substances (product)) and liquid-tight containment sumps. The sumps must be installed at piping connections that routinely contain and convey product from the tank, such as tank-top sumps and dispenser pan sumps, that allow for release detection monitoring of the system (See PEI RP 100). Also, new or replacement tank systems installed with pressurized product piping systems must be equipped with automatic line leak detectors and automatic pump shutoff devices that meet the requirements of § 245.445(1) (relating to methods of release detection for piping).
(2) At least 30 days prior to the installation of a tank, piping system, replacement or additional dispenser, or underground storage tank system, or within another reasonable time frame agreed upon by the Department, owners and operators shall notify the Department of the proposed installation on a form provided by the Department.
(3) An owner or operator of an underground storage tank changing from unregulated to regulated service shall provide certification by a Department-certified installer that the underground storage tank system meets new underground storage tank system requirements, on a form provided by the Department, prior to placing product into the tank and operating the storage tank system.
(b) To prevent releases due to structural failure, corrosion or spills and overfills for as long as the underground storage tank system is used to store regulated substances, owners and operators of new and existing underground storage tank systems shall ensure that the system meets the following requirements:
(1) Tanks. A tank must be properly designed and constructed. A tank or portion of a tank including the outer metallic wall of a double-walled tank that is underground and routinely contains product shall be protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory, using one of the following methods:
(i) The tank is constructed of fiberglass-reinforced plastic.
(ii) The tank is constructed of steel and cathodically protected in the following manner:
(A) The tank is coated with a suitable dielectric material.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3) (relating to operation and maintenance including corrosion protection).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The tank is constructed of steel and clad or jacketed with a non-corrodible material.
(iv) The tank is constructed of metal without additional corrosion protection measures if:
(A) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the tank.
(2) Piping. The piping and ancillary equipment that routinely contain regulated substances shall be protected from corrosion and deterioration. New piping systems that routinely contain and convey regulated substances from the tank must be double-walled with liquid-tight containment sumps installed in accordance with paragraph (4)(ii). Whenever 50% or more of the existing piping that routinely contains and conveys product from the tank is replaced, the entire piping system that routinely contains and conveys product from the tank shall be replaced meeting the requirements for new piping systems in this section. The portions of the product piping system, including joints, flexible connectors and ancillary equipment that are in contact with the ground must be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory using one of the following methods:
(i) The piping or component is constructed of nonmetallic material such as fiberglass reinforced plastic or other noncorrodible and UL listed material.
(ii) The piping or component is constructed of metal and cathodically protected in the following manner:
(A) The piping is coated with a suitable dielectric material. The wrapping of piping with tape or similar material alone does not meet this requirement.
(B) Field-installed cathodic protection systems are designed by a corrosion expert.
(C) Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in § 245.432(a)(3).
(D) Cathodic protection systems are operated and maintained in accordance with § 245.432.
(iii) The piping is constructed of metal without additional corrosion protection measures if:
(A) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the piping.
(3) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph (vi), to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators shall ensure that their systems have the following spill and overfill prevention equipment permanently installed:
(A) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe—for example, a spill catchment basin or spill containment bucket.
(B) Overfill prevention equipment that will do one or more of the following:
(I) Automatically shut off flow into the tank when the tank is no more than 95% full.
(II) Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm.
(ii) Bypassing overfill protection is prohibited. For example, bypassing the ball float valve with coaxial stage-1 vapor recovery systems or a spill containment bucket drain valve is prohibited.
(iii) Ball float valves may not be used to comply with this subsection when overfill prevention is installed or replaced after December 22, 2018.
(iv) Existing ball float valves may not be used on suction pump systems having an air eliminator, or on any system having coaxial stage-1 vapor recovery systems or receiving pressurized pump deliveries.
(v) Spill and overfill prevention equipment must be periodically tested or evaluated in accordance with § 245.437 (relating to periodic testing). Required tests shall be documented on a form provided by the Department and shall be maintained onsite at the storage tank facility or at a readily available alternative site.
(vi) Owners and operators are not required to use the spill and overfill prevention equipment specified in subparagraph (i) if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.
(4) Installation.
(i) Underground storage tank systems shall be properly installed and system integrity tested in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions.
(ii) Spill prevention equipment and containment sumps must be constructed to be liquid-tight, and shall be tested prior to use of the system to confirm liquid-tight construction using a hydrostatic test, vacuum test or other Nationally recognized liquid-tight testing procedure or method recommended by the containment equipment manufacturer.
(iii) Overfill prevention equipment shall be properly installed and tested in accordance with a code of practice developed by a Nationally recognized association, and in accordance with manufacturer’s instructions.
Source The provisions of this § 245.421 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347250) and (331065) to (331068).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.425 (relating to reuse of removed tanks); 25 Pa. Code § 245.434 (relating to repairs allowed); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.437 (relating to periodic testing); 25 Pa. Code § 245.445 (relating to methods of release detection for piping); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 245.422. Upgrading of existing underground storage tank systems.
(a) Alternatives allowed. By December 22, 1998, existing underground storage tank systems shall comply with one of the following requirements:
(1) Underground storage tank system performance standards under § 245.421(b) (relating to performance standards for underground storage tank systems).
(2) The upgrading requirements in subsections (b)—(d).
(3) Closure requirements under § § 245.451—245.455 (relating to out-of-service underground storage tank systems and closure), including applicable requirements for corrective action under Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).
(b) Tank upgrading requirements. Steel tanks shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory:
(1) Interior lining. A tank may only be upgraded by internal lining for corrosion protection prior to November 10, 2007. Existing lined tanks must meet the following conditions:
(i) The lining was installed in accordance with § 245.434 (relating to repairs allowed).
(ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally evaluated by, or under the direct onsite supervision of a certified tank liner (TL) or by a professional engineer adhering to the evaluation process developed by a National association (See API 1631 and NLPA 631) and found to be structurally sound with the lining still performing in accordance with original design specifications. The evaluation findings shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank’s operating life.
(iii) Lined tank systems that do not meet original design specifications or have not been evaluated as required in subparagraph (ii) shall be emptied, removed from service, and permanently closed in accordance with § § 245.451 and 245.452 (relating to temporary removal from service (out-of-service); and permanent closure and changes-in-service).
(2) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements in § 245.421(b)(1)(ii)(B)—(D) and the integrity of the tank is ensured using one or more of the following methods:
(i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system.
(ii) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators shall maintain records that demonstrate compliance with this requirement for the remaining life of the tank.
(iii) The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than subparagraph (i).
(3) Internal lining combined with cathodic protection. A tank upgraded prior to November 10, 2007, having both internal lining and cathodic protection must meet the following:
(i) The lining was installed in accordance with the requirements in § 245.434.
(ii) The cathodic protection system meets § 245.421(b)(1)(ii)(B)—(D).
(c) Piping upgrading requirements. Metal piping and fittings that routinely contain regulated substances and are in contact with the ground must be one or more of the following:
(1) Replaced with piping meeting the requirements of new piping in § 245.421(b)(2)(i) and (ii).
(2) Cathodically protected in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory and meets the requirements in § 245.421(b)(2)(ii)(B)—(D).
(3) Installed at a site that is determined to not be corrosive enough to cause a release due to corrosion for the remaining operating life of the piping under § 245.421(b)(2)(iii).
(d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the underground storage tank system, underground storage tank systems must comply with underground storage tank system spill and overfill prevention equipment requirements in § 245.421(b)(3) and (4).
(e) Under-dispenser containment. When an existing dispenser is replaced with another dispenser and equipment at or below the shear valve needed to connect the dispenser to the underground storage tank system is replaced, under-dispenser containment meeting the requirements in § 245.421(b)(4)(ii) is required. This equipment may include check valves, shear valves, vertical risers, flexible connectors or other transitional components. Under-dispenser containment shall also be installed when a major modification as defined in § 245.1 (relating to definitions) is performed at the dispenser area involving excavation beneath the dispenser.
Source The provisions of this § 245.422 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7190; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331068) and (347251) to (347252).
Cross References This section cited in 25 Pa. Code § 245.110 (relating to certification of installers); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 245.423. [Reserved].
Source The provisions of this § 245.423 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; reserved December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347252) and (331071).
§ 245.424. Standards for new field constructed tank systems.
Field constructed tanks shall meet or exceed the technical requirements of a manufactured tank containing the same regulated substance. The system shall also:
(1) Be designed by a professional engineer having training and experience in the construction of underground storage tank systems.
(2) Meet the permitting requirements of Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability).
§ 245.425. Reuse of removed tanks.
A storage tank removed from the ground may be reused as a regulated underground storage tank under the following circumstances:
(1) The tank was properly closed in accordance with § 245.452 (relating to permanent closure and changes-in-service) at the site where previously used.
(2) The tank is installed at the new site by a certified installer.
(3) The new installation meets the requirements of § 245.421 (relating to performance standards for underground storage tank systems).
(4) The tank is compatible with the substance to be stored in accordance with § § 245.2(c) and 245.433 (relating to general; and compatibility).
(5) Either the manufacturer, a person certified by the manufacturer or a registered professional engineer warrants that the tank meets the requirements of § 245.421(b)(1).
Source The provisions of this § 245.425 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234730).
GENERAL OPERATING REQUIREMENTS
§ 245.431. Spill and overfill control.
(a) Owners and operators shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.
(b) The owner and operator shall report, investigate and clean up spills and overfills 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).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability).
§ 245.432. Operation and maintenance including corrosion protection.
(a) 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 tested 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 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 checked every 60 days to ensure the equipment is 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 checks required in paragraph (3).
(ii) The results of testing from the last two surveys 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) 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 (relating to temporary removal from service (out-of-service)) and § 245.452.
(f) 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 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).
Source The provisions of this § 245.432 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331072) and (384207) to (384208).
Cross References This section cited in 25 Pa. Code § 78a.57 (relating to control, storage and disposal of production fluids); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.421 (relating to performance standards for new underground storage tank systems); 25 Pa. Code § 245.434 (relating to repairs allowed); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.444 (relating to methods of release detection for tanks); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 245.433. Compatibility.
(a) Owners and operators shall use an underground storage tank system made of or lined with materials that are compatible with the substance stored in the underground storage tank system.
(b) Upon Department request, an owner and operator of an underground storage tank 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) 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 with the substance stored, 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).
Source The provisions of this § 245.433 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (384208).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); and 25 Pa. Code § 245.425 (relating to reuse of removed tanks).
§ 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 association or an independent testing laboratory.
(3) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Noncorrodible pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer’s specifications.
(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).
(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.
(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.
Source The provisions of this § 245.434 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331075) to (331076).
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); and 25 Pa. Code § 245.435 (relating to reporting and recordkeeping).
§ 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. 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. § 6021.107(c)).
(b) Owners and operators shall maintain required records either onsite at the storage tank facility or at a readily available alternative site. Records maintained at the 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.
(c) Reporting. Owners and operators shall submit the following applicable information to the Department:
(1) Notification in accordance with § 245.41 (relating to tank registration requirements) for underground storage tank systems, including change of ownership, closure of 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)).
(2) Reports of confirmed releases (§ 245.305(c) (relating to reporting releases)).
(3) A site characterization report (§ 245.310 (relating to site characterization report)).
(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)).
(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)).
(6) In the case of permanent closure, closure records to the Department when requested.
(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:
(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)).
(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).
(3) Documentation of underground storage tank system installation, modification and upgrade activities.
(4) Underground storage tank system assessment records prior to upgrading in accordance with § 245.422(b).
(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).
(6) Documentation of underground storage tank system repairs.
(7) Tank lining evaluation reports (§ 245.432(d)).
(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)).
(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)).
(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.
(13) Documentation of the last three impressed current cathodic protection system checks for each 60-day period in accordance with § 245.432.
(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.
(15) Results of the site investigation conducted at permanent closure or change-in-service (§ 245.455 (relating to closure records)).
(16) A properly completed closure report required under § 245.452(f).
(17) Documentation of the last test that demonstrates each containment sump 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(4) (relating to repairs allowed).
(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 and reporting of suspected releases).
Source The provisions of this § 245.435 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7190; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331076) and (347253) to (347254).
Cross References This section cited in 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); 25 Pa. Code § 245.436 (relating to operator training); 25 Pa. Code § 245.446 (relating to release detection recordkeeping); 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)); and 25 Pa. Code § 245.455 (relating to closure records).
§ 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 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) 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 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. 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 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) 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.
(iv) Department-certified 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 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 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 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 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 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 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 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.
(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) 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 removal from service (out-of-service) 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 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 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 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) 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 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, 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. 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 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 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 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 storage tank facilities that do not dispense motor fuel for retail sales to the general public.
Source The provisions of this § 245.436 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7190; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347254) to (347259).
Cross References This section cited in 25 Pa. Code § 245.41 (relating to tank registration requirements); 25 Pa. Code § 245.106 (relating to conflict of interest); 25 Pa. Code § 245.403 (relating to applicability); and 25 Pa. Code § 245.435 (relating to reporting and recordkeeping).
§ 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 by:
(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 December 22, 2018, 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 December 22, 2019, or not later than December 21, 2021, whichever occurs first.
(2) For underground storage tank systems installed after December 22, 2018, 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.
Source The provisions of this § 245.437 adopted December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875.
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.421 (relating to performance standards for underground storage tank systems); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 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 December 22, 2019, 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 December 22, 2019, 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).
Source The provisions of this § 245.438 adopted December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875.
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); and 25 Pa. Code § 245.437 (relating to periodic testing).
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 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 with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.
(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 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).
Source The provisions of this § 245.441 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347259) to (347260) and (331079) to (331080).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.444 (relating to methods of release detection for tanks); and 25 Pa. Code § 245.446 (relating to release detection recordkeeping).
§ 245.442. Periodic monitoring requirements for petroleum underground storage tank systems.
(a) 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 in § 245.444(1)—(8).
(2) Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:
(i) Pressurized piping. Underground piping that conveys regulated substances under pressure shall meet the following requirements:
(A) Be equipped with an automatic line leak detector in accordance with § 245.445(1) (relating to methods of release detection for piping).
(B) Have an annual line tightness test conducted in accordance with § 245.445(2) or have monthly monitoring conducted in accordance with § 245.445(3).
(ii) Suction piping. Underground piping that conveys regulated substances under suction shall either have a line tightness test conducted at least every 3 years and in accordance with § 245.445(2), or use a monthly monitoring method conducted in accordance with § 245.445(3). Release detection is not required for suction piping that is designed and constructed to meet the following standards:
(A) The below grade piping operates at less than atmospheric pressure.
(B) The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.
(C) No more than one check valve is included in each suction line.
(D) Check valves are located directly below and as close as practical to or within the suction pump.
(E) A method is provided that allows compliance with clauses (B)—(D) to be readily determined.
Source The provisions of this § 245.442 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331080) to (331081).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.444 (relating to methods of release detection for tanks); 25 Pa. Code § 245.445 (relating to methods of release detection for piping); 25 Pa. Code § 245.446 (relating to release detection recordkeeping); and 25 Pa. Code § 252.3 (relating to scope).
§ 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) 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 hazardous substance underground storage tank systems 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.
(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.
(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.
(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.
(4) Underground piping shall be equipped with secondary containment that satisfies the requirements 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).
(5) Other methods of release detection may be used if owners and operators:
(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(1)—(8) can detect a release of petroleum.
(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.
(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.
Source The provisions of this § 245.443 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331082) to (331083).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.446 (relating to release detection recordkeeping); and 25 Pa. Code § 252.3 (relating to scope).
§ 245.444. Methods of release detection for tanks.
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:
Monthly Minimum Weekly Standard Periodic Nominal Tank Duration Standard (average of) Tightness Capacity of Test (one test) four tests 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 (v) 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.
(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.
(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) 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.
(4) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:
(i) The materials used as backfill are sufficiently porous—for example, gravel, sand or crushed rock—to readily allow diffusion of vapors from releases into the excavation area.
(ii) The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile for example, gasoline—to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank.
(iii) The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall or soil moisture or other known interferences so that a release could go undetected for more than 30 days.
(iv) The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank.
(v) The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component of that substance or a tracer compound placed in the tank system.
(vi) In the underground storage tank excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law (63 P. S. § § 148—158.2) to ensure compliance with subparagraphs (i)—(iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.
(5) Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:
(i) The regulated substance stored is immiscible in water and has a specific gravity of less than one.
(ii) Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soils between the underground storage tank system and the monitoring wells or devices is not less than 0.01 cm/sec—for example, the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials.
(iii) The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substances on the water table into the well under both high and low groundwater conditions.
(iv) Monitoring wells shall be sealed from the ground surface to the top of the filter pack.
(v) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible.
(vi) The continuous monitoring devices or manual methods used can detect the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells.
(vii) Within and immediately below the underground storage tank system excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law to ensure compliance with subparagraphs (i)—(v) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.
(viii) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 245.432(b).
(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.
(A) The secondary barrier around or beneath the underground storage tank system consists of artificially constructed material that is sufficiently thick and impermeable, at least 10-6 cm/sec for the regulated substance stored, to direct a release to the monitoring point and permit its detection.
(B) The barrier is compatible with the regulated substance stored so that a release from the underground storage tank system will not cause a deterioration of the barrier allowing a release to pass through undetected.
(C) For cathodically protected tanks, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system.
(D) The groundwater, soil moisture or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days.
(E) The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year floodplain, unless the barrier and monitoring designs are for use under these conditions.
(F) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with § 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.
(7) Statistical Inventory Reconciliation (SIR). SIR shall meet the performance standards of paragraph (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 or operator in accordance with § 245.446(2) (relating to release detection recordkeeping). Each report shall meet the following requirements:
(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.
(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, 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 and reporting of suspected releases).
(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 (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.
Source The provisions of this § 245.444 amended November 30, 2001, effective January 1, 2001, 31 Pa.B. 6615; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331083) to (331088).
Cross References This section cited in 25 Pa. Code § 245.31 (relating to underground storage tank system testing requirements); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.434 (relating to repairs allowed); 25 Pa. Code § 245.437 (relating to periodic testing); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); 25 Pa. Code § 245.442 (relating to periodic monitoring requirements for petroleum underground storage tank systems); 25 Pa. Code § 245.443 (relating to requirements for hazardous substance underground storage tank systems); 25 Pa. Code § 245.445 (relating to methods of release detection for piping); 25 Pa. Code § 245.446 (relating to release detection recordkeeping); and 25 Pa. Code § 252.3 (relating to scope).
§ 245.445. Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements 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 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.
(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(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.
Source The provisions of this § 245.445 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331088) to (331089).
Cross References This section cited in 25 Pa. Code § 245.31 (relating to underground storage tank system testing requirements); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.421 (relating to performance standards for underground storage tank systems); 25 Pa. Code § 245.434 (relating to repairs allowed); 25 Pa. Code § 245.437 (relating to periodic testing); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); 25 Pa. Code § 245.442 (relating to periodic monitoring requirements for petroleum underground storage systems); 25 Pa. Code § 245.443 (relating to requirements for hazardous substance underground storage tank systems); 25 Pa. Code § 245.446 (relating to release detection recordkeeping); 25 Pa. Code § 245.523 (relating to aboveground storage tanks in underground vaults); 25 Pa. Code § 252.3 (relating to scope); 25 Pa. Code § 273.275 (relating to leachate collection and storage); 25 Pa. Code § 277.275 (relating to leachate collection and storage); 25 Pa. Code § 288.455 (relating to leachate collection and storage); 25 Pa. Code § 288.555 (relating to leachate collection and storage); 25 Pa. Code § 289.455 (relating to leachate collection and storage); and 25 Pa. Code § 289.555 (relating to leachate collection and storage).
§ 245.446. Release detection recordkeeping.
Underground storage tank system owners and operators shall maintain records in accordance with § 245.435 (relating to reporting and recordkeeping) demonstrating compliance with the applicable requirements of § § 245.441—245.446 (relating to release detection). These records shall include the following:
(1) Written performance claims pertaining to a release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the entire time the release detection system is in use at the facility.
(2) The results of any sampling, testing or monitoring shall be maintained for at least 1 year, except that the results of tank tightness testing conducted in accordance with § 245.444(2) (relating to methods of release detection for tanks) shall be retained until the next test is conducted.
(3) Written documentation of all calibration, maintenance and repair of release detection equipment permanently located onsite shall be maintained for at least 1 year after the servicing work is completed. Schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the entire time the equipment is in use at the facility.
Source The provisions of this § 245.446 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331089).
Cross References This section cited in 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.444 (relating to methods of release detection for tanks); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
OUT-OF-SERVICE UNDERGROUND STORAGE TANK
SYSTEMS AND CLOSURE
§ 245.451. Temporary removal from service (out-of-service).
(a) When an underground storage tank system is temporarily 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. 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 prior to submission of the registration form to the Department 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) 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 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 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 system 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 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 out-of-service period. The Department may establish conditions and require submission of documentation associated with extension of the temporary out-of-service period, such as the following:
(1) Requirements for inspection under § 245.21 (relating to tank handling and inspection requirements) and § 245.411.
(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.
Source The provisions of this § 245.451 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331090) to (331091).
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); and 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems).
§ 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 by removing the liquids and accumulated sludges. Tanks being permanently closed shall also be either removed from the ground or filled with a nonshrinking, inert solid material.
(c) 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 by removing the liquid and accumulated sludge, and conduct a site assessment in accordance with § 245.453.
(e) 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.
Source The provisions of this § 245.452 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331091) to (331092).
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.425 (relating to reuse of removed tanks); 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 245.453. Assessing the site at closure or change-in-service.
(a) Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the underground storage tank site. Owners and operators shall sample for releases. Sampling may be accomplished in a manner consistent with the Department technical document entitled ‘‘Closure Requirements for Underground Storage Tank Systems’’ or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements.
(b) If contaminated soils, contaminated groundwater or free product as a liquid or vapor is discovered under subsection (a), or by another manner, owners and operators shall begin corrective action 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).
Source The provisions of this § 245.453 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (317235).
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)); 25 Pa. Code § 245.452 (relating to permanent closure and changes-in-service); and 25 Pa. Code § 245.455 (relating to closure records).
§ 245.454. Applicability to previously closed underground storage tank systems.
When directed by the Department, the owner and operator of an underground storage tank system permanently closed before December 22, 1988, shall assess the excavation zone and close the underground storage tank system in accordance with this subchapter if the underground storage tank system is, in the judgment of the Department, posing a current or potential threat to human health and the environment.
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
§ 245.455. Closure records.
Owners and operators shall maintain records in accordance with § 245.435 (relating to reporting and recordkeeping) that are capable of demonstrating compliance with closure requirements under this subchapter. The results of the excavation zone assessment required in § 245.453 (relating to assessing the site at closure or change-in-service) shall be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:
(1) By the owners and operators who took the underground storage tank system out of service.
(2) By the current owners and operators of the underground storage tank system site.
(3) By mailing these records to the Department if they cannot be maintained at the closed facility.
Cross References This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems); and 25 Pa. Code § 245.451 (relating to temporary removal from service (out-of-service)).
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