Subchapter G. SIMPLIFIED PROGRAM FOR SMALL
ABOVEGROUND STORAGE TANKS
GENERAL Sec.
245.601. Purpose.
245.602. Scope.
245.603. General storage tank facility requirements.
245.604. Referenced organizations.
245.605. Applicability.
245.606. Variances.
TECHNICAL REQUIREMENTS Sec.
245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
245.612. Performance and design standards.
245.613. Monitoring standards.
245.614. [Reserved].
245.615. Recordkeeping requirements.
245.616. Inspection requirements.
245.617. Temporary removal from service (out-of-service).
245.618. Permanent closure or change-in-service.
Source The provisions of this Subchapter G adopted October 10, 1997, effective October 11, 1997, 27 Pa.B. 5341, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 245.222 (relating to application requirements); 25 Pa. Code § 245.232 (relating to general requirements); and 25 Pa. Code § 245.502 (relating to scope).
GENERAL
§ 245.601. Purpose.
This subchapter establishes a simplified program of technical standards and requirements for small aboveground storage tanks not exceeding 21,000 gallons capacity and regulated under the act. Regulated aboveground storage tanks are defined in § 245.1 (relating to definitions).
§ 245.602. Scope.
The standards and requirements established in this subchapter shall be applied through the use of appropriate current codes of practice developed by Nationally recognized associations such as, but not limited to, those referenced in § 245.604 (relating to referenced organizations) and through the use of manufacturer’s specifications and sound engineering practices. This subchapter is not intended to supersede other State and Federal regulations or jurisdictional requirements when they are more restrictive than the requirements in this part. For certain types of tanks this subchapter may make reference to the requirements for aboveground storage tanks in Subchapter F (relating to technical standards for aboveground storage tanks and facilities).
§ 245.603. General storage tank facility requirements.
(a) The owner and operator of a storage tank facility with an aggregate aboveground storage capacity greater than 21,000 gallons shall develop and adhere to a Spill Prevention Response Plan (Plan) which addresses the requirements in sections 901—904 of the act (35 P.S. § § 6021.901—6021.904). Plan revisions or any addendum to the initial Plan shall be submitted to the Department in writing or electronically within 180 days of any occurrences as described in section 901(b) of the act. A current copy of the Plan shall be readily available at the storage tank facility at all times.
(b) The owner and operator of a storage tank facility are responsible to assure that appropriate security measures and procedures based on the facility location are established and implemented to protect the environment and the public. These security measures may include, but are not limited to, fencing, lighting, access control, locked entrances and securing of valves, drains and dispensers.
(c) The owner and operator of a storage tank facility with an aggregate aboveground storage capacity greater than 21,000 gallons shall maintain a written or electronic log. At a minimum, each log entry must identify the name of the individual performing tank handling and inspection activities, the individual’s signature or equivalent verification of presence onsite, the company name, the date of work, start and end times, and a brief description of work performed, including tank identification.
Source The provisions of this § 245.603 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331118).
Cross References This section cited in 25 Pa. Code § 245.615 (relating to recordkeeping requirements).
§ 245.604. Referenced organizations.
(a) Nationally-recognized associations which are referenced throughout this subchapter are as follows:
(1) American National Standards Institute (ANSI).
(2) American Petroleum Institute (API).
(3) American Society of Mechanical Engineers (ASME).
(4) American Society for Testing and Materials (ASTM).
(5) NACE International—The Corrosion Society (NACE).
(6) National Fire Protection Association (NFPA).
(7) Petroleum Equipment Institute (PEI).
(8) SSPC—The Society for Protective Coatings (SSPC).
(9) Steel Tank Institute (STI).
(10) Underwriters Laboratory (UL).
(b) Nationally-recognized codes and standards shall be used in conjunction with manufacturer’s specifications to comply with this subchapter. When used to meet the technical standards and requirements of this subchapter, the most current or latest edition of the codes and standards shall be applied. Other Nationally-recognized 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 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 standard, 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 § 245.604 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234768).
Cross References This section cited in 25 Pa. Code § 245.132 (relating to standards of performance); and 25 Pa. Code § 245.602 (relating to scope).
§ 245.605. Applicability.
Existing aboveground storage tanks that become regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) (see subparagraph (iii)(A) and (B))) are subject to the requirements in this chapter and shall be registered with the Department.
Source The provisions of this § 245.605 adopted 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 (331119).
§ 245.606. 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 if 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 must provide all of the following information:
(i) The facility name and identification number for which the variance is sought.
(ii) Specific sections of this subchapter from which the variance is sought.
(iii) The unique or peculiar conditions which make compliance with the sections identified under subparagraph (ii) technically impractical, infeasible or unsafe.
(iv) Evidence, including data, plans, specifications and test results, which supports an alternative design, practice, schedule or method as being at least as protective of human health and the environment as the requirement of the sections identified under 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) The Department will not grant a variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 34 Pa. Code Chapter 14 (relating to flammable and combustible liquids; preliminary provisions) and 40 CFR Part 112 (relating to oil pollution prevention).
(5) When granting the variance, the Department may impose specific conditions necessary to assure that the variance will adequately protect the public health, safety or welfare and the environment.
(6) The Department will provide to the applicant a written notice of approval, approval with conditions or denial. Variance approvals will be published in the Pennsylvania Bulletin.
Source The provisions of this § 245.606 adopted December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875.
TECHNICAL REQUIREMENTS
§ 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
(a) Aboveground storage tanks shall be tested for tightness at installation in accordance with current codes of practice developed by Nationally recognized associations and manufacturer’s specifications, except for manufactured, shop built tanks that meet the requirements in subsection (b). The testing shall be completed, as part of the installation process, prior to putting the tank in service.
(b) Manufactured, shop built tanks that are initially tested after full assembly at the plant do not require additional testing at installation if the manufacturer certifies that the tank was tested at the plant and the manufacturer’s installation instructions do not specify additional testing.
(c) Aboveground storage tanks that receive major modifications to the tank shell or the tank bottom shall be tested for tightness, in accordance with current codes of practice developed by Nationally recognized associations or manufacturer’s specifications, prior to being returned to service.
Source The provisions of this § 245.611 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 (331119) to (331120).
§ 245.612. Performance and design standards.
(a) Aboveground storage tanks shall be designed, constructed and installed or modified in accordance with current codes of practice developed by Nationally recognized associations and the manufacturer’s specifications. Tank handling activities shall be accomplished by a Department-certified aboveground storage tank installer or under the installer’s direct, onsite supervision and control.
(b) Aboveground storage tanks must have a stable support or foundation capable of adequately supporting the total weight of the tank and its contents when in use. The support or foundation must meet or exceed the specifications of the tank manufacturer and be designed and constructed in accordance with sound engineering practices.
(c) Ancillary equipment, including piping, shall be designed, installed and modified in accordance with current codes of practice developed by Nationally recognized associations and the manufacturer’s specifications. Ancillary equipment must be compatible with the substance stored and must be adequately protected from corrosion, excessive wear and deterioration. Protective coatings shall be maintained throughout the entire operational life of the aboveground storage tank system.
(d) Aboveground storage tanks shall be installed with secondary containment in or under the tank bottom to provide monitoring capability to satisfy leak detection requirements in § 245.613 (relating to monitoring standards) and emergency containment to contain possible releases, such as overfills, leaks and spills. Emergency containment must be sufficiently impermeable to contain any potential release for a minimum of 72 hours and until the release can be detected and fully recovered in an expeditious manner. Double walled tanks may meet both emergency and secondary containment requirements when the tank system is operated with spill and overfill protection controls including the following:
(1) Permanently installed spill prevention equipment at the tank fill point or containment at the remote fill point.
(2) An overfill alarm or prevention device or monitoring gauge and written shutdown procedure.
(3) Block valves on product lines.
(4) Solenoid valve or antisiphon device, if applicable.
(e) The exterior of the aboveground storage tank system must be protected by an appropriate coating or paint which shall be maintained throughout the entire operational life of the aboveground storage tank system.
(f) Aboveground storage tanks which are internally lined must comply with § 245.534(a) and (b) (relating to interior linings and coatings).
(g) Aboveground storage tanks shall be labeled or marked in a manner consistent with industry standards and which provides for identifying the regulated substance stored from outside the containment area.
(h) Aboveground storage tank systems and storage tank system components whose failure could contribute to a release of product shall be maintained in a good state of repair to ensure they function as designed.
Source The provisions of this § 245.612 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 (331120) to (331121).
Cross References This section cited in 25 Pa. Code § 245.616 (relating to inspection requirements).
§ 245.613. Monitoring standards.
(a) By October 12, 1998, a method of leak detection shall be in use and monitored at least monthly. An automatic sensing device, mechanical device or other appropriate method may be used. This method, at a minimum, shall provide a visual examination of the storage tank system by the owner and operator or designated representative. If releases are detected, they shall be corrected and the provisions of 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.
(b) The owner and operator shall assure that a maintenance and general operations check of the aboveground storage tank system is performed at least monthly. Deficiencies noted during the check shall be corrected. The small aboveground storage tank general operations and maintenance checklist provided by the owner and operator shall be used to document the monthly operations and maintenance check. The operations and maintenance check shall include:
(1) A visual examination of the aboveground storage tank system for deterioration, including the tank, piping, ancillary equipment, foundation, containment structure or facility, and safety equipment.
(2) A check of the containment areas for accumulation of water and removal of water as necessary.
(3) Confirmation that containment drain valves are secured in the closed position when not in use.
(4) Verification of the functionality of the leak detection system.
(5) A check of vents for restrictions.
(6) A check of ancillary equipment for operational malfunctions.
(7) An investigation of conditions that may be a fire or safety hazard, or pose an environmental hazard.
(8) Observation for evidence of a release of regulated substance from the aboveground storage tank system.
(c) An owner and operator of an aboveground storage tank system with a cathodic protection system must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the aboveground storage tank system is used to store regulated substances:
(1) An aboveground storage tank system equipped with a cathodic protection system must be tested for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(i) Impressed current cathodic protection systems must be tested at least annually.
(ii) Galvanic cathodic protection systems must be tested at least every 3 years.
(iii) Cathodic protection systems must be tested within 6 months following installation and 6 months following repair of the cathodic protection system.
(iv) The criteria that are used to determine that cathodic protection is adequate under this section must be in accordance with a code of practice developed by a Nationally recognized association.
(2) An aboveground storage tank system with impressed current cathodic protection systems must be checked every 60 days to ensure the equipment is running properly. 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.
(3) For an aboveground storage tank system using cathodic protection, records of the operation of the cathodic protection system must be maintained under § 245.615 (relating to recordkeeping requirements) to demonstrate compliance with the performance standards in this section. The records must include the following:
(i) The results of the last three checks required in paragraph (2).
(ii) The results of testing from the last two cathodic protection surveys required in paragraph (1).
Source The provisions of this § 245.613 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331121) to (331122).
Cross References This section cited in 25 Pa. Code § 245.612 (relating to performance and design standards); 25 Pa. Code § 245.615 (relating to recordkeeping requirements); 25 Pa. Code § 245.617 (relating to temporary removal from service (out-of-service)); and 25 Pa. Code § 252.3 (relating to scope).
§ 245.614. [Reserved].
Source The provisions of this § 245.614 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 (331122) to (331123).
§ 245.615. Recordkeeping requirements.
(a) The owner and operator shall maintain required aboveground storage tank system records. If records are maintained offsite, the records shall be easily obtained and provided to the Department upon request.
(b) The following records shall be maintained for the operational life of the aboveground storage tank system unless otherwise stated:
(1) Original aboveground storage tank system installation records and design specifications. This requirement is limited to records currently available for aboveground storage tank systems installed on or before October 11, 1997.
(2) Records of modification to the aboveground storage tank system.
(3) The permits issued under Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities).
(4) Current registration certificates.
(5) Leak detection records and maintenance checklists for the past 12 months.
(6) Third-party inspection reports.
(7) Documentation of investigations of suspected releases in accordance with § 245.304 (relating to investigation and reporting of suspected releases).
(8) Written or electronic log entry information as required under § 245.603(c) (relating to general storage tank facility requirements).
(9) Documentation of the last three impressed current cathodic protection system checks for each 60-day period in accordance with § 245.613 (relating to monitoring standards).
(10) The last two cathodic protection surveys, done at 3-year intervals on galvanic and annually on impressed current cathodic protection systems in accordance with § 245.613.
Source The provisions of this § 245.615 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331123).
Cross References This section cited in 25 Pa. Code § 245.613 (relating to monitoring standards).
§ 245.616. Inspection requirements.
(a) Required inspections of small aboveground storage tank systems shall be conducted by Department-certified aboveground storage tank inspectors according to a current Nationally recognized association’s code of practice or according to manufacturer’s specifications and applicable engineering criteria (See § 245.612 (relating to performance and design standards).) Deficiencies noted during the inspection shall be addressed and remedied. When modifications or repairs are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications and applicable engineering design criteria. The Department may require submission and review of documentation relating to these remedies. The associated tank handling activities are reported to the Department by a certified installer.
(b) Small aboveground field constructed storage tanks shall be inspected at installation, reconstruction or relocation and when a major modification activity is performed on the aboveground storage tank shell or the tank bottom plates.
(c) Except as provided in paragraph (2), the owner and operator of small aboveground storage tanks storing regulated substances with a capacity greater than 5,000 gallons and owners and operators of small aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted every 5 years or more often when corrosion, deterioration or other specific conditions necessitate. Other specific conditions may include maintenance practices, previous repairs, the nature of the substance stored and coatings or linings that should be considered when projecting tank service life and the next inspection interval. Internally lined tanks and flat bottom tanks without an interstice or external access to the tank bottom may require further evaluation or internal examination.
(1) Aboveground storage tanks installed after December 22, 2018, shall be initially inspected within 5 years of installation.
(2) Existing aboveground storage tank systems with scheduled in-service inspections after December 21, 2023, shall be inspected by the next currently scheduled in-service inspection date, unless notified otherwise by the Department. Subsequent in-service inspections shall be conducted in accordance with this section.
(d) In-service inspections shall evaluate the following:
(1) Containment areas.
(2) Foundation and tank supports.
(3) Tank shell and tank roof, where a roof exists.
(4) Appurtenances.
(5) Ancillary equipment including piping.
(6) Leak detection method, including leak detection records and maintenance checklists.
(7) Cathodic protection system, if installed.
(8) Coatings and protections from deterioration.
(9) Tank system integrity and suitability for service.
(e) If agreed upon by the Department, an in-service inspection interval may be delayed under § 245.617 (relating to temporary removal from service (out-of-service)) for an aboveground storage tank that is temporarily removed from service. Prior to placing product in the aboveground storage tank, the delayed inspection shall be conducted, deficiencies noted during inspection shall be addressed and remedied, and an amended registration form shall be completed and submitted to the Department.
Source The provisions of this § 245.616 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 (331123) to (331125).
Cross References This section cited in 25 Pa. Code § 245.113 (relating to certified inspector experience and qualifications); and 25 Pa. Code § 245.617 (relating to temporary removal from service (out-of-service)).
§ 245.617. Temporary removal from service (out-of-service).
(a) The owner and operator shall complete and submit an amended registration form to the Department within 30 days after the change in tank status.
(b) The owner and operator shall empty the aboveground storage tank system of regulated substances and conduct a visual examination of the area surrounding the tank as required under § 245.618(b) (relating to permanent closure or change-in-service), excluding the surface and soil underlying any tank bottom in contact with the ground before placing the tank in temporary removal from service status.
(c) Monitoring standards in § 245.613(a) (relating to monitoring standards) are not required when an aboveground storage tank is reported to the Department as temporarily removed from service.
(d) Inspection requirements shall be maintained as specified in § 245.616 (relating to inspection requirements). In-service inspection intervals may be delayed for a tank that is temporarily removed from service. The delayed inspections shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.
(e) Aboveground storage tanks shall be permanently closed within 5 years of being placed temporarily out-of-service unless the owner requests in writing an extension to this temporary removal from service period and the Department approves the request.
(f) The Department may impose conditions and require submission of documentation when reviewing and approving a request for an extension of the temporary removal from service period, including:
(1) Requirements for inspection under § 245.616.
(2) Site assessment under § 245.561 (relating to permanent closure or change-in-service) or § 245.618(b).
(3) Other considerations determined by the Department to be necessary to ensure the integrity of the aboveground storage tank.
Source The provisions of this § 245.617 adopted December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875.
Cross References This section cited in 25 Pa. Code § 245.616 (relating to inspection requirements).
§ 245.618. Permanent closure or change-in-service.
(a) Aboveground storage tank systems shall be cleaned, rendered free from hazardous vapors and ventilated if left onsite or emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste). Piping shall be removed or capped and fill ports shall be secured, capped or dismantled.
(b) The owner shall conduct a visual examination of the surface, soil and area surrounding and underlying the storage tank system for obvious indications or evidence of a release of regulated substance.
(1) If a release is suspected, it shall be investigated in accordance with § 245.304 (relating to investigation and reporting of suspected releases).
(2) If a release is confirmed, it shall be reported to the appropriate Department regional office responsible for the county in which the aboveground storage tank is located in accordance with § 245.305 (relating to reporting releases).
(c) 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.
Source The provisions of this § 245.618 adopted December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875.
Cross References This section cited in 25 Pa. Code § 245.617 (relating to temporary removal from service (out-of-service)).
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