[48 Pa.B. 1101]
[Saturday, February 24, 2018]
[Continued from previous Web Page]
Subchapter F. TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES
GENERAL § 245.501. Purpose.
This subchapter establishes technical standards and requirements for operations and maintenance, design, construction and installation, corrosion and deterioration prevention, release prevention and leak detection, inspection, and closure and removal from service requirements for large aboveground storage tanks and facilities and aboveground storage tanks in underground vaults regulated under the act. Regulated aboveground storage tanks are defined in § 245.1 (relating to definitions).
§ 245.503. 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/operator] owner of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter.
* * * * * (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 [37 Pa. Code Chapter 11] 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. The Department will publish notice of approved variances in the Pennsylvania Bulletin.
§ 245.505. Applicability.
Existing tanks that become regulated due to the addition of new regulated substances as defined in § 245.1 ((relating to definitions) [(See definition of ''regulated substance'' (i)(C)(I) and (II)))] (see subparagraph (iii)(A) and (B)), and the regulation of aboveground storage tanks greater than 30,000 gallons capacity, storing heating oil that is consumed on the premises (See definition of ''consumptive use'' in § 245.1) are subject to the requirements [of] in this chapter and shall be registered with the Department [by January 9, 2008]. [In addition, these tanks are temporarily excluded from the following requirements:
(1) Monitoring requirements in § 245.541(c) (relating to overfill prevention requirements) until November 10, 2010.
(2) In-service inspection requirements in § 245.552 (relating to in-service inspections) until within 5 years of the date of construction or the date of the last inspection or by November 10, 2010, whichever is greater.
(3) Out-of-service inspection requirements in § 245.553 (relating to out-of-service inspections) until November 10, 2010, for tanks not previously inspected or 10 years after construction for tanks without known corrosion rates, whichever is greater, or within projected inspection intervals based on corrosion rates determined at the last out-of-service inspection, but not to exceed 20 years from the date of the last inspection.]
OPERATIONS AND MAINTENANCE § 245.511. General operations and maintenance.
[An aboveground storage tank facility owner/operator] A storage tank facility owner and operator shall implement and have onsite a written operations and maintenance plan which assures conformance with applicable safety and operational standards, compliance with applicable Federal and State regulations, and shall use appropriate work practices and procedures.
§ 245.512. Facility operations and spill response plan.
[An initial Spill Prevention Response Plan (Plan) and any future updates, which address the requirements described in Chapter 9 of the act (35 P.S. §§ 6021.901—6021.904) and this chapter, shall be submitted to the Department for aboveground storage tank facilities with an aggregate aboveground storage capacity greater than 21,000 gallons.] An initial Spill Prevention Response Plan (Plan), which addresses the requirements in sections 901—904 of the act (35 P.S. §§ 6021.901—6021.904) and this chapter, shall be submitted to the Department for a storage tank facility with an aggregate aboveground storage capacity greater than 21,000 gallons. Plan revisions shall be submitted to the Department within 120 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 facility at all times.
§ 245.513. Preventive maintenance and housekeeping requirements.
(a) [An aboveground storage tank facility owner/operator] A storage tank facility owner and operator shall establish and implement a preventive maintenance and housekeeping program which protects the integrity of the system from degradation and protects the public health and the environment.
(b) [Routine maintenance inspection procedures shall be established and implemented at each storage tank facility.] The storage tank facility owner and operator shall establish and implement routine maintenance inspection procedures at each storage tank facility.
(1) [An owner/operator is] The facility owner and operator are responsible to assure that a visual inspection is performed once every 72 hours. The visual inspection may be accomplished by or supplemented with electronic surveillance and shall include:
(i) A check of the facility to ensure that no potential hazardous environmental conditions exist. This includes a check for evidence of a release for example, spill, overflow or leakage.
(ii) A check of the containment areas for accumulation of water and a confirmation that containment drain valves are secured in a closed position when not in use. If excessive water has accumulated, it shall be drained off and disposed of in accordance with applicable State and Federal requirements.
(iii) In the case of aboveground storage tanks in underground vaults, a check of the continuous leak detection system, as required under § 245.523(7) (relating to aboveground storage tanks in underground vaults), to ensure the equipment is functioning as designed.
(2) [An owner/operator is responsible to assure that a maintenance inspection of the facility and equipment is performed each month. The maintenance inspection shall include:] The facility owner and operator are responsible to assure that a maintenance inspection of each aboveground storage tank system is performed each month. The maintenance inspection shall include all of the following:
(i) An inspection of the tank system exterior surfaces for deterioration and maintenance deficiencies including a visual check for cracks, areas of wear, excessive settlement and deterioration of the foundation and supports.
(ii) Ancillary equipment and appurtenances shall be visually checked for operational malfunctions.
(iii) An inspection of containment and transfer areas for cracks, defects and fire hazards.
(iv) A check of overfill prevention equipment and monitoring of the leak detection system.
(v) A check of the cathodic protection system, if installed, to ensure the equipment is functioning as designed.
[(v)] (vi) The monthly maintenance inspection report shall be completed and signed by the individual who conducted the inspections and maintained for 1 year.
(3) [An owner/operator is] The facility owner and operator are responsible to establish a process to assure that storage tank vents are operational and free of restrictions.
(c) [Housekeeping practices shall be established and implemented in a manner that reduces the possibility of accidental spills and safety hazards to plant or facility personnel.] The storage tank facility owner and operator shall immediately initiate the actions necessary to correct deficiencies noted during the 72-hour visual and monthly maintenance inspections.
(d) Repairs to aboveground storage tank systems shall be properly conducted in accordance with the manufacturer's instructions, a code of practice developed by a Nationally recognized association or an independent testing laboratory.
§ 245.514. Security.
[An owner/operator is] (a) The storage tank facility owner and operator 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 and procedures may include, but are not limited to monitoring, fencing, lighting, access control, locked entrances and securing of valves and dispensers.
(b) The owner and operator of an aboveground storage tank facility with an aggregate above- ground storage capacity greater than 21,000 gallons are responsible for maintaining a written log book. At a minimum, each log book entry must identify the name of the individual performing tank handling and inspection activities, the individual's signature, the company name, the date of work, start and end times, and a brief description of work performed, including tank identification.
§ 245.515. Labeling/marking of aboveground storage tank systems.
(a) [An owner/operator is] The storage tank facility owner and operator are responsible to assure aboveground storage tank systems are labeled/marked in accordance with industry standards and in compliance with Federal and State requirements. Tank labels/marks shall be easily legible from outside the containment area and shall be capable of readily identifying the regulated substance stored.
(b) The [owner/operator] storage tank facility owner and operator shall be capable of readily identifying the substances transferred in the regulated piping system and be able to determine flow control points, including pumps, valves and dispensers through labeling or other suitable means.
§ 245.516. Recordkeeping requirements.
[(a) Owners and operators of aboveground tank facilities shall maintain required records. If records are maintained offsite, the records shall be easily obtained and provided to the Department upon request.
(b) Permanent records for new systems and available records for existing systems shall be maintained for the operational life of the tank system and retained for a minimum of 1 year after the tank system has been removed. Permanent records include the following:]
(a) Owners and operators of aboveground 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) Recordkeeping. Owners and operators shall maintain all of the following records for above-ground storage tank systems for the operational life of the tank system and retain the records for a minimum of 1 year after the tank system has been permanently closed:
(1) Original installation and modification of aboveground storage tank system design specifications.
(2) Any variance issued for the aboveground storage tank system under § 245.503 (relating to variances).
(3) The permits issued under Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities).
(4) Tank handling activity installation, relocation, reconstruction and major modification inspection results.
(5) The notices of [reportable] releases submitted under § 245.305 (relating to reporting releases).
(6) Applicable manufacturer's documentation for the aboveground storage tank system and any ancillary equipment.
(7) Third party out-of-service inspection reports.
[(c) Temporary records shall be maintained as follows:]
(8) Written log books required under § 245.514(b) (relating to security).
[(1)] (9) The current registration certificate.
[(2)] (10) The leak detection records for the past 12 months.
[(3)] (11) The last two results of cathodic protection monitoring, when a cathodic protection system is in use.
[(4) The routine] (12) The routine 72-hour visual and monthly maintenance inspections for the past 12 months.
[(5)] (13) The last third party in-service inspection report.
[(6)] (14) A properly completed closure report and results of the site assessment conducted at permanent closure or change-in-service under § 245.561 (relating to permanent closure or change-in-service).
(15) Documentation of investigations of suspected releases in accordance with § 245.304 (relating to investigation of suspected releases).
DESIGN, CONSTRUCTION AND INSTALLATION § 245.521. Performance standards for aboveground storage tanks.
(a) [Tank] Aboveground storage tank construction shall meet or exceed Nationally recognized industry association codes of practice. New [tanks] aboveground storage tank systems shall be installed in accordance with applicable codes of practice and consistent with manufacturer's or fabricator's specifications as specified in § 245.522 (relating to new aboveground storage tank installations and reconstructions).
(b) [Tank] Aboveground storage tank modifications shall be in accordance with industry codes of practice as specified in § 245.524 (relating to aboveground tank modifications).
(c) [Tanks] Aboveground storage tanks shall be protected from corrosion and deterioration as specified in §§ 245.531—245.534 (relating to corrosion and deterioration prevention).
(d) A leak monitoring system shall be installed as specified in § 245.543 (relating to leak detection requirements).
(e) A release prevention system shall be installed as specified in §§ 245.541 and 245.542 (relating to overfill prevention requirements; and containment requirements for aboveground storage tank systems).
(f) [Tanks] Aboveground storage tanks shall be tested according to industry standards before being placed in service as specified in §§ 245.522 and 245.524 [(relating to new aboveground tank installations and reconstructions; and aboveground tank modifications)].
(g) [Tanks] Aboveground storage tanks shall be inspected at installation, reconstruction or relocation and when a major modification is performed on a tank as specified in § 245.554 (relating to installation and modification inspections).
§ 245.522. New aboveground storage tank installations and reconstructions.
(a) [Tanks must] Aboveground storage tanks shall be designed and constructed in accordance with an appropriate current code of practice developed by [Nationally-recognized] Nationally recognized associations such as UL, ACI, API, ASME, ASTM, STI or NACE and will follow applicable engineering specifications.
(b) [Tanks] Aboveground storage tanks must have a stable foundation, capable of supporting the total weight of the tank when full of product without movement, rolling or unacceptable settling. The foundation must minimize corrosion of the tank bottom and meet or exceed the specifications of the tank manufacturer. The foundation design and construction must be based on sound engineering practices.
(c) [Tanks] Aboveground storage tanks shall be tested for tightness in accordance with current codes of practice developed by [Nationally-recognized] Nationally recognized associations and manufacturer's specifications. If a pneumatic test is used for manufactured (shop built) tanks, the fittings, welds, joints and connections shall be coated with a soap solution and checked for leaks. Aboveground field constructed storage tanks shall be hydrostatically tested. Deficiencies shall be remedied prior to tanks being placed into service. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
(d) Reconstruction of aboveground storage tanks must follow the current codes of practice developed by [Nationally-recognized] Nationally recognized associations and be accomplished in accordance with sound engineering practices. Reconstructed aboveground storage tanks must be inspected and hydrostatically tested before being placed into service. Reconstructed aboveground storage tanks must meet or exceed requirements specified in § 245.521 (relating to performance standards for aboveground storage tanks). Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
(e) Aboveground manufactured storage tanks that are relocated to another service site must meet the performance requirements for aboveground storage tanks and shall be tested according to industry standards and inspected before being put back in service.
(f) The Department may require the tank owner to submit documentation of construction design criteria and engineering specifications for review.
(g) Aboveground storage tanks previously regulated by the Department must meet performance requirements for new aboveground storage tank systems prior to returning to regulated tank status.
§ 245.523. Aboveground storage tanks in underground vaults.
The following requirements shall be met when an owner or operator chooses to install an aboveground storage tank in an underground vault:
(1) The vault shall completely enclose the aboveground storage tank. There may be no openings in the vault enclosure except those necessary for access to, inspection of, and filling, emptying and venting of the tank. The walls and floor of the vault must be constructed of reinforced concrete at least 6 inches thick. The top, walls and floor shall be designed to withstand the anticipated loading, including loading from traffic, soil and groundwater.
(2) The vault must be compatible with the stored substance and have a permeability of less than 1 × 10-7 cm/sec for substance stored and be water tight.
(3) [A] An aboveground storage tank must be in its own vault. Adjacent vaults may share a common wall.
(4) There may be no backfill around the aboveground storage tank and there shall be sufficient space between the tank and the vault to allow inspection of the tank and ancillary equipment.
(5) [A vault and its tank] Vaults and above- ground storage tanks must be suitably anchored to withstand uplifting by either water or released substance, including when the tank is empty.
(6) Connections shall be provided to permit venting of each vault to dilute, disperse and remove vapors prior to personnel entering the vault.
(7) A vault must be equipped with a continuous leak detection system capable of detecting vapors and liquids including water. The detection system must activate an alarm that automatically shuts down the dispensing system if [a release occurs] vapors or liquids are detected.
(8) A vault must have a means for personnel entry. The entry point must have a warning sign indicating the need for procedures for safe entry into a confined space. An entry point must be secured against unauthorized entry and vandalism.
(9) A suitable means to admit a fire suppression agent shall be provided for each vault.
(10) [Tanks] Aboveground storage tanks and ancillary equipment shall be installed, maintained and inspected in accordance with the requirements for aboveground storage tanks in this subchapter.
(11) Underground piping distribution systems for each aboveground storage tank system used to dispense class I or class II motor fuels for resale must be provided with release detection equivalent to underground piping release detection addressed in § 245.445 (relating to methods of release detection for piping) and monitored as required in paragraph (7) with monitoring records retained for 12 months as required under § 245.516 [or § 245.615 (relating to recordkeeping requirements)] (relating to recordkeeping requirements).
§ 245.524. Aboveground tank modifications.
(a) Modifications performed on aboveground storage tank systems shall be designed and implemented in accordance with current codes of practice developed by [Nationally-recognized] Nationally recognized associations such as API, ACI, ASME, ASTM, NACE, STI or UL.
(b) Modifications shall be performed in accordance with [Nationally-recognized] Nationally recognized codes and manufacturer's specifications or a professional engineer's design requirements.
(c) Aboveground [tanks] storage tank systems which are modified shall be inspected and tested according to industry standards before being put in service when a major modification has been performed on the [tank shell, tank roof or tank bottom] storage tank system. Deficiencies shall be remedied before being returned to service.
(d) The Department may require the tank owner to submit documentation of construction modification design criteria and engineering specifications for review.
§ 245.525. Ancillary equipment for aboveground storage tanks.
(a) Ancillary equipment shall be designed and installed in accordance with Nationally recognized codes of practice and manufacturer's specifications such as API, ASME, ASTM, UL, PEI or ANSI. Ancillary equipment shall be in good working order and maintained according to manufacturer's specifications and accepted industry practices. Ancillary equipment shall be compatible with the stored substance.
(b) [Tanks shall] Aboveground storage tanks must be appropriately vented to protect the tank from over pressurization and excessive vacuums. Vents shall meet or exceed the appropriate codes of practice developed by Nationally recognized associations such as API and NFPA. Normal venting [shall] must allow the tank to breath when transferring the stored product. Emergency venting [shall] must ensure that the safe pressure for the tank is not exceeded.
(c) [Tank] Aboveground storage tank connections through which regulated substance can flow [shall] must be equipped with an operating valve adjacent to the tank to control flow of substance. Appropriate valves [shall] must be installed to meet or exceed current codes of practice and jurisdictional requirements. Valves shall be designed, installed and maintained according to current codes of practice.
§ 245.526. Piping for aboveground storage tanks.
* * * * * (c) Piping [installed after October 11, 1997, and] in contact with the soil or an electrolyte shall be adequately protected from corrosion in accordance with current codes of practice developed by Nationally recognized associations such as NACE or API.
* * * * *
CORROSION AND DETERIORATION PREVENTION § 245.531. General corrosion and deterioration requirements.
(a) [The tank system shall be maintained with corrosion and deterioration prevention measures.] Aboveground storage tank systems must be continuously protected from corrosion and deterioration.
(b) Metallic tank [systems] bottoms in direct contact with the soil or other electrolyte shall be evaluated by a corrosion expert to determine if cathodic protection is necessary or appropriate.
(c) [Existing tank bottoms that do not meet the standards in subsection (b) shall be upgraded when the tank bottom is replaced.] Tank bottoms that are not adequately protected from corrosion and deterioration shall be upgraded to meet §§ 245.532 and 245.534 (relating to cathodic protection systems; and interior linings and coatings).
§ 245.532. Cathodic protection systems.
(a) [When required for corrosion prevention, on new, reconstructed or relocated tanks or the replacement of the tank bottom the cathodic protection system shall consist of one or more of the following:] When required for corrosion prevention, cathodic protection systems must consist of one or more of the following:
(1) Sacrificial anodes and [dielectrical] dielectric coating.
(2) Impressed current.
(3) Another method specified in an appropriate Nationally recognized association code of practice [such as API 651 or associations such as NACE].
* * * * * § 245.533. Coating exterior tank and piping surfaces.
The exterior surfaces of aboveground storage tanks and piping shall be protected by a suitable coating which prevents corrosion and deterioration. The coating system shall be maintained throughout the entire operational life of the tank.
§ 245.534. Interior linings and coatings.
(a) [Coating or lining systems may be used to protect tank interiors from corrosion. The coating or lining system shall be designed in accordance with current codes of practices such as API 652 or associations such as NACE. Any appropriate coating which is bonded firmly to the interior surfaces may be used to protect a tank from corrosion.] Coating or lining systems may be used to protect aboveground storage tank interiors from corrosion and deterioration. The coating or lining system shall be designed in accordance with current codes of practice. Coating or lining systems must be bonded firmly to the interior surfaces of the tank.
* * * * * (c) Interior linings or coatings shall be inspected by a third-party, Department-certified, aboveground storage tank inspector at installation, when undergoing a major modification, and at least every 10 years or as warranted or recommended by the manufacturer or design engineer and agreed upon by the Department.
RELEASE PREVENTION AND LEAK DETECTION § 245.541. Overfill prevention requirements.
(a) [An owner/operator shall ensure that releases from overfills do not occur. Transfer of stored substance may not exceed the volume available in the receiving tank and the transfer shall be adequately monitored.] 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 aboveground storage 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. Immediate action shall be taken to stop the flow of regulated substance prior to exceeding tank capacity or in the event that an equipment failure occurs.
(b) [Tanks must] Aboveground storage tanks shall be installed with the following:
(1) A gauge or monitoring device which accurately indicates the level or volume in the tank and is visible to the individual responsible for the transfer of product. The monitoring device shall be installed, calibrated and maintained in accordance with manufacturer's specifications.
(2) A high-level alarm with an automatic high-level cut-off device or a high-level alarm with a manned operator shutdown procedure in operation. The shutdown procedure must be in writing and shall be provided to the Department upon request.
(c) Existing aboveground storage tanks must have a gauge or monitoring device installed by October 11, 2000.
(d) An existing aboveground storage tank [system] which is taken out of service to perform a scheduled out-of-service inspection or a major modification to the tank shall be upgraded with a high-level alarm with a cut-off device or a high-level alarm with a manned operator shutdown procedure prior to being put back in service.
(e) An existing aboveground storage tank system which has not been required to be taken out of service to perform a scheduled inspection or modification must have overfill protection consistent with National industry standards[, such as API 2350, NFPA 30 or PEI RP 200 by November 10, 2010].
§ 245.542. Containment requirements for [above-ground] aboveground storage tank systems.
(a) Containment structures must be compatible with the substance stored and minimize deterioration to the aboveground storage tank system.
(b) Containment areas shall be designed, maintained and constructed in accordance with sound engineering practices adhering to [Nationally-recognized codes of practice such as NFPA, NACE, ACI or API] Nationally recognized codes of practice and in compliance with State and Federal requirements.
(c) Secondary containment under the aboveground storage tank bottom and around underground piping must be designed to direct any release to a monitoring point to meet leak detection requirements. Secondary containment shall be provided on a new tank at installation, and shall be provided on an existing tank at reconstruction or relocation of the tank or when the tank floor is replaced (See API 650 Appendix I). Permeability of the secondary containment must be less than 1 × 10-7 cm/sec at anticipated hydrostatic head and shall be verified at the time of installation.
(d) Aboveground storage tanks must have emergency containment structures, such as dike fields, curbing and containment collection systems, which contain releases from overfills, leaks and spills[, when a new tank system is installed or at the next out-of-service inspection for existing tank systems as established in § 245.553(d) (relating to out-of-service inspections) or by November 10, 2010, whichever occurs first].
(1) Permeability of newly installed or replacement emergency containment structures must be less than 1 × 10-6 cm/sec at anticipated hydrostatic head and be of sufficient thickness to prevent the released substance from penetrating the containment structure for a minimum of 72 hours, and until the release can be detected and recovered.
(2) Emergency containment structures for existing aboveground storage tanks must meet one of the following standards [by November 10, 2010, or at the next out-of-service inspection, prior to the tank being placed back into service, whichever occurs first]:
(i) The standards for new emergency containment structures for aboveground storage tanks in paragraph (1).
(ii) Verification by a professional engineer that the emergency containment structure, coupled with the tank monitoring program and response plan, is capable of detecting and recovering a release and is designed to prevent contamination of the waters of this Commonwealth. Verification may be conducted in a manner consistent with the Department's technical document entitled ''Verification of Emergency Containment Structures for Aboveground Storage Tanks'' or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. Verification of earthen structures should include determination of the containment structure permeability following [Nationally-recognized testing methods such as ASTM Methods and Engineering Standards Listed in API Publication 351] Nationally recognized testing methods.
(3) Verification of the containment structure is valid until conditions at the site, monitoring program, response plan or procedures change.
(4) Transfers of regulated substances to [a] an aboveground storage tank within the emergency containment shall be monitored by designated personnel for the duration of the transfer.
(e) Emergency containment areas, such as dike fields, must be able to contain 110% of the capacity of the largest aboveground storage tank in the containment area.
(f) [Stormwater shall be removed from the emergency containment area as soon as possible or when the water is in contact with the tank or piping and prior to the capacity of containment being reduced by 10% or more.] Water shall be removed from the emergency containment area as soon as possible. Water shall be removed from the containment before it comes in contact with the aboveground storage tank or piping and before it reduces the capacity of containment by 10% or more. Manually operated pumps or siphons and manually operated gravity drains may be used to empty the containment. If drain valves are used they shall be secured in the closed position when not in use. Discharge or disposal of substances from the containment structure must comply with applicable State and Federal requirements.
§ 245.543. Leak detection requirements.
(a) Aboveground storage tank systems shall be provided with a method of leak detection at installation that is capable of detecting a release. The leak detection method shall be monitored at least monthly and shall be installed, calibrated, operated and maintained in accordance with industry practices and manufacturer's specifications.
(1) The area beneath the aboveground storage tank bottom shall be monitored for leakage by visual, mechanical or electronic leak detection methods.
(2) Observation wells outside of the secondary containment structure do not satisfy the leak detection requirements.
(b) Existing aboveground storage tank systems with secondary containment shall implement a monthly leak detection method as required by subsection (a). Monthly visual inspections shall be an acceptable method of leak detection.
(c) Existing aboveground storage tanks without secondary containment under the bottom of the tank that are in contact with the soil, such as vertical flat bottom tanks, [and] that do not have cathodic protection or an internal lining shall be leak tested at the next scheduled in-service inspection consistent with subsection (d) and continue to be leak tested at each in-service inspection thereafter, until the tank is upgraded.
(d) Tank leak test must follow a [Nationally-recognized] Nationally recognized procedure that is based on a volumetric/mass measurement, an acoustic measurement, or a soil-vapor monitoring method[, such as those addressed in API Publication 334 ''Guide to Leak Detection in Aboveground Storage Tanks.'']. The test shall be performed by a third-party inspector or a technician who has experience with the selected method and is qualified by the test equipment manufacturer or certified by the relevant industry association [such as ASNT (See Recommended Practice No. SNT-TC-1A)] and is not an employee of the tank owner.
(e) Aboveground piping shall be visually checked for leaks in accordance with the facility operations and maintenance plan.
ABOVEGROUND STORAGE TANK INSPECTIONS § 245.551. General requirements for [third party] third-party inspections.
(a) Aboveground storage tank owners and operators shall have their aboveground storage tank systems inspected by a Department certified aboveground storage tank inspector at frequencies [established] in this subchapter. Inspections will check for compliance with State and Federal requirements and adherence to current codes of practice developed by Nationally recognized associations, tank manufacturer's instructions and design engineer's specifications.
(b) Only Department certified inspectors, certified for the applicable inspector certification category, shall be used to satisfy requirements for:
(1) In-service inspections.
(2) Out-of-service inspections.
(3) Installation and modification inspections.
§ 245.552. In-service inspections.
(a) The in-service inspection must follow the guidelines of a [Nationally-recognized] Nationally recognized association such as API 653, API 570 and applicable engineering criteria (See §§ 245.524(b), 245.542(d)(2) and 245.543(d) (relating to aboveground tank modifications; containment requirements for aboveground storage tank systems; and leak detection requirements)).
* * * * * (d) [Inspection] Except as provided in paragraphs (5) and (6), inspection intervals for in-service inspections are as follows:
(1) Aboveground [tanks installed after October 11, 1997,] storage tanks shall be initially inspected within 5 years of installation.
[(2) Existing tanks shall be initially inspected as follows:
(i) Tanks over 5 years old without a previous inspection shall be inspected by October 11, 1999.
(ii) Tanks with an inspection more than 3 years prior to October 11, 1997, shall be inspected by October 11, 2000.
(iii) Tanks with an inspection within 3 years prior to October 11, 1997, shall be inspected within 6 years of the previous inspection.
(3) Tanks] (2) Aboveground storage tanks shall have an in-service inspection within 1/4 of the corrosion rate life with a maximum of 5 years from the previous inspection or installation.
[(4)] (3) An out-of-service inspection may replace an in-service inspection.
[(5) An in-service inspection interval may be delayed under § 245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection 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.]
(4) An in-service inspection interval, if agreed upon by the Department, may be delayed under § 245.562 (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.
(5) Aboveground storage tanks in underground vaults shall have in-service inspections conducted as follows:
(i) Aboveground storage tanks with a capacity greater than 5,000 gallons shall have in-service inspections conducted within 6 and 12 months of installation and at least every 3 years thereafter.
(ii) Aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted within 6 and 12 months of installation and at least every 3 years thereafter.
(iii) More frequent in-service inspections may be required by the Department when a prior inspection identifies corrosion, deterioration or other violations of this subchapter.
(6) Existing aboveground storage tanks in underground vaults with scheduled in-service inspections after _____ (Editor's Note: The blank refers to 1,095 days after the effective date of adoption of this proposed rulemaking.) 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.
(e) Inspection recommendations shall be addressed and deficiencies remedied. When [substantial] modifications or repairs are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications and engineering design criteria ([See] see §§ 245.522(a) and (b), 245.524(b)(2), 245.532(b) and (c) and 245.534(c)). The Department may require submission and review of all documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
(f) The complete inspection report shall be kept at the facility until the next out-of-service inspection is completed.
§ 245.553. Out-of-service inspections.
(a) Inspections must follow the guidelines of a [Nationally-recognized] Nationally recognized association such as API 653, API 570 or ASME and applicable engineering criteria (See §§ 245.524(b), 245.534(c), 245.542(d)(2) and 245.543(d)).
(b) The out-of-service inspection [must] shall evaluate the following:
(1) Containment areas.
(2) Foundation and supports.
(3) Tank shell.
(4) Tank roof.
(5) Tank bottom.
(6) Appurtenances.
(7) Ancillary equipment including piping.
(8) Leak detection method.
(9) Cathodic protection system, if installed.
(10) Internal linings and coatings, if installed.
(11) [Tank] Aboveground storage tank system integrity and suitability for service.
(c) The aboveground storage tank bottom evaluation of metallic floors must be based on ultrasonic testing and visual examination and include at least one other method of nondestructive examination such as magnetic flux tests or vacuum tests of bottom lap welds (See API 653 and ASTM metallography—nondestructive testing Vol. 03.03). The ultrasonic evaluation must be statistically representative of the whole floor, excluding the release prevention barrier or secondary containment on double bottom tanks.
(d) Inspection information shall be submitted to the Department on a form provided by the Department and include the results of subsection (b) and the following:
(1) A determination of the corrosion rate for tank shell, bottom plates and piping.
(2) A calculation of the tank life and piping life based on the corrosion rate.
(3) The schedule for next out-of-service inspection, based on the API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years between inspections. Other site-specific conditions, for example, maintenance practices, previous repairs, internal linings, the nature of the substance stored or soil conditions that may affect corrosion rate life and should be considered when projecting tank service life and the next inspection interval.
(4) The recommendations for maintaining above- ground storage tank system integrity and meeting performance standards.
(e) Inspection intervals for out-of-service inspections are as follows:
(1) [Tanks installed after October 11, 1997,] Aboveground storage tanks shall be initially inspected based on measured [or similar service] corrosion rates. When the corrosion rate is unknown, such as with new tank bottoms, the tank's actual bottom thickness shall be determined by inspection within 10 years of installation to determine the corrosion rate.
[(2) Existing tanks shall be initially inspected as follows:
(i) If corrosion rates are not known, tanks shall be inspected within 10 years of installation or by October 11, 2000, whichever is later.
(ii) If corrosion rates can be determined or are known, tanks shall be inspected at their API 653 calculated service life method or 1/2 the corrosion rate life, from installation or previous out-of-service inspection or by October 11, 2000, whichever is later.
(3) Tanks] (2) Aboveground storage tanks shall have an out-of-service inspection at their API 653 calculated service life [method] or 1/2 of the corrosion rate life, with a maximum of 20 years from the last out-of-service inspection.
[(4) An out-of-service inspection interval may be delayed under § 245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection 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.]
(3) If agreed upon by the Department, an out-of-service inspection interval may be delayed under § 245.562 (relating to temporary removal from service (out-of-service)) for a tank that is temporarily removed from service. Prior to placing product in the 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.
(f) [Deficiencies shall be remedied before the tank is returned to service. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer's specifications or an engineer's design criteria (See §§ 245.522(a) and (b), 245.524(b)(2) and 245.532(b) and (c) (relating to new aboveground tank installations and reconstructions; aboveground tank modifications; and cathodic protection system)).] Deficiencies noted during the inspection shall be remedied before the aboveground storage tank system is returned to service. Modifications or repairs performed on the aboveground storage tank system shall be made in accordance with manufacturer's specifications or an engineer's design criteria (see §§ 245.522(a) and (b), 245.524(b)(2) and 245.532(b) and (c) (relating to new aboveground storage tank installations and reconstructions; aboveground tank modifications; and cathodic protection systems)). The Department may require submission of and review documentation relating to these remedies. Required tank handling activities [are] shall be reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.
(g) Aboveground storage tanks which can be completely [examined from the exterior are exempt] inspected from the exterior are excluded from out-of-service inspections, except for tanks that are internally lined.
(h) The completed inspection report for out-of-service inspections shall be kept with the facility records under § 245.516 (relating to recordkeeping requirements).
§ 245.554. Installation and modification inspections.
(a) Aboveground storage tank systems shall be inspected by a Department-certified inspector at the time of installation in accordance with § 245.522 (relating to new aboveground storage tank installations and reconstructions), and current [Nationally-recognized] Nationally recognized association's code of practice and manufacturer's specifications. [The inspection report shall be kept for the operational life of the tank.]
(b) Major modifications shall be inspected by a Department-certified inspector at the time of modification under § 245.524 (relating to aboveground tank modifications) and current codes of practice developed by [Nationally-recognized] Nationally recognized associations prior to being put back in service. [The inspection report shall be kept for the operational life of the tank. When substantial] When modifications are made to the tank floor, the next inspection date projections shall be determined based on the condition of the tank subsequent to those modifications and reported to the Department by the certified inspector on the appropriate inspection form provided by the Department. Other site-specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or aboveground storage tank system integrity should be considered when projecting tank service life and the next inspection interval.
(c) [Tanks] Aboveground storage tanks which are relocated or reconstructed shall be inspected by a Department-certified inspector and tested for tightness in accordance with § 245.522 and current codes of practice developed by [Nationally-recognized] Nationally recognized associations prior to being put in service. [The inspection report shall be kept for the operational life of the tank.]
(d) The completed inspection report for installation and modification inspections shall be retained with the facility records under § 245.516.
CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS § 245.561. Permanent closure or change-in-service.
Before permanent closure or change-in-service is completed, the [owner/operator] owner and operator shall comply with the following:
(1) [At least 30 days before beginning either a permanent closure or change-in-service to an unregulated tank, or within a lesser time as determined by the Department, the owner/operator shall notify the Department of its intent to permanently close or change-in-service from a regulated tank to an unregulated tank, unless the action is in response to a corrective action or waived by the Department.] At least 30 days before beginning either a permanent closure or change-in-service, or within a lesser time as determined by the Department, the owner and operator shall notify the Department of their intent to permanently close or perform a change-in-service, unless the action is in response to a corrective action or waived by the Department.
(2) [The owner/operator shall submit an amended registration form to the Department indicating the change in tank status within 30 days after the change in tank status.] 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:
(i) The completion of permanent closure.
(ii) Change-in-service of the tank.
(3) The [owner/operator] owner and operator shall complete a site assessment to measure for the presence of any release from the aboveground storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and may be conducted in a manner consistent with the Department's technical document entitled ''Closure Requirements for Aboveground 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. The results of the site assessment and the closure report shall be retained for 3 years.
(4) If contaminated soil, sediment, surface water or groundwater, or free product is discovered or confirmed by either direct observation or indicated by the analytical results of sampling, the [owner/operator] owner and operator shall proceed with the corrective action as required in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) or, if applicable, in accordance with remedial action agreements.
(5) Regulated substance and contents removed from the aboveground storage tank system [including piping] shall be reused, treated or disposed of in a manner consistent with applicable State and Federal waste management requirements.
(6) [Tank] Aboveground storage tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or [tank systems] shall be 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).
(7) [Tanks to be] Aboveground storage tanks permanently closed and left onsite shall be legibly marked with the date of permanent closure.
(8) The appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.
(9) [Tanks that are to be] Aboveground storage tanks that are closed in place shall:
(i) Be rendered inoperable and incapable of storing liquid substance.
(ii) Be secured against unauthorized entry.
(iii) Meet the requirements specified in paragraphs (1)—(8).
§ 245.562. Temporary [removal-from-service] removal from service (out-of-service).
(a) The [owner/operator] owner and operator shall complete and submit an amended registration form to the Department within 30 days after the change in tank status.
(b) [A] An aboveground storage tank system shall be emptied and regulated substances and contents shall be reused, treated or disposed of in accordance with State and Federal requirements.
(c) [A] An aboveground storage tank shall be secured against unauthorized entry and all piping entering or exiting the tank, excluding vents, shall be capped or blinded.
(d) [Tank] Aboveground storage tank system integrity shall be maintained throughout the temporary [removal-from-service] removal from service time and the tank shall be protected against flotation.
(e) Inspection requirements shall be maintained as specified in §§ 245.551—245.554 (relating to aboveground storage tank inspections). In-service and out-of-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.
(f) [Tanks which are temporarily removed-from-service for 5 years or longer must meet the requirements for permanent closure, unless the time frame for retaining the tank or tanks in temporary removal-from-service status is extended under § 245.503 (relating to variances).] 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 the temporary out-of-service period and the Department approves the request.
(g) The Department may impose conditions and require submission of documentation when reviewing and approving a request for an extension of the temporary out-of-service period, including:
(1) Requirements for inspection under §§ 245.552 and 245.553 (relating to in-service inspections; and out-of-service inspections).
(2) Site assessment under § 245.561 (relating to permanent closure or change-in-service).
(3) Other considerations determined by the Department to be necessary to ensure the integrity of the aboveground storage tank.
Subchapter G. SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS
GENERAL § 245.603. General storage tank facility requirements.
(a) [The owner/operator of aboveground storage tank facilities 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 described in Chapter 9 of the act (35 P.S. §§ 6021.901—6021.904). The Plan shall be provided to the Department and updated as necessary.] 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 shall be submitted to the Department within 120 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/operator of aboveground storage tank facilities is] 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 log book. At a minimum, each log book entry must identify the name of the individual performing tank handling and inspection activities, the individual's signature, the company name, the date of work, start and end times, and a brief description of work performed, including tank identification.
§ 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 ''regulated substance'' (i)(C)(I) and (II))] (see subparagraph (iii)(A) and (B)) are subject to the requirements [of] in this chapter and shall be registered with the Department [by January 9, 2008]. [In addition, these tanks are temporarily excluded from the following technical requirements:
(1) Emergency and secondary containment requirements in § 245.612(e) (relating to performance and design standards) until November 10, 2010.
(2) A method of leak detection as required in § 245.613(a) (relating to monitoring standards) until November 10, 2008.
(3) In-service inspections required in § 245.616 (c)(3) (relating to inspection requirements) until November 10, 2010.]
(Editor's Note: The following section is proposed to be added and printed in regular type to enhance readability.)
§ 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.
TECHNICAL REQUIREMENTS § 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.
(a) [Tanks] Aboveground storage tanks shall be tested for tightness at installation in accordance with current codes of practice developed by [Nationally-recognized] Nationally recognized associations and manufacturer's specifications, except for manufactured, shop built tanks that meet the requirements [of] 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) [Tanks] 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] Nationally recognized associations or manufacturer's specifications, prior to being returned to service.
§ 245.612. Performance and design standards.
(a) [Tanks] Aboveground storage tanks shall be designed, constructed and installed or modified in accordance with current codes of practice developed by [Nationally-recognized associations such as API, ASME, ASTM, ANSI, STI and UL] 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) [Tanks] 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 such as API, SSPC, NACE, ASME, PEI and UL] 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 above- ground storage tank system.
(d) [Tanks] 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) [A spill containment bucket] 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 [shut down] written shutdown procedure.
(3) Block valves on product lines.
(4) Solenoid valve or antisiphon device, if [appropriate (See PEI RP 200)] applicable.
[(e) Existing tanks which do not meet the requirements specified in subsection (d) shall be upgraded with secondary containment by October 11, 2007, and emergency containment by October 11, 2000.
(f) Tanks installed in underground vaults after October 11, 1997, and used for dispensing Class I and Class II motor fuels must comply with § 245.523 (relating to aboveground storage tanks in underground vaults).
(g)] (e) The exterior of the aboveground storage tank system [shall] must be protected by an appropriate coating or paint which shall be maintained throughout the entire operational life of the aboveground storage tank system.
[(h) Tanks which are internally lined must comply with § 245.534 (relating to interior linings and coatings).]
(f) Aboveground storage tanks which are internally lined must comply with § 245.534(a) and (b) (relating to interior linings and coatings).
[(i) Tanks] (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.
§ 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/operator] 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/operator] 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/operator] 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[, but not limited to,] 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) [Monitoring] Functionality of the leak detection system.
(5) A check of the cathodic protection system, if installed, to ensure the equipment is functioning as designed.
[(5)] (6) A check of vents for restrictions.
[(6)] (7) A check of ancillary equipment for operational malfunctions.
[(7)] (8) An investigation of conditions that may be a fire or safety hazard, or pose an environmental hazard.
[(8)] (9) Observation for evidence of a release of regulated substance from the aboveground storage tank system.
§ 245.614. [Requirements for closure.] (Reserved).
[(a) Tank systems shall be cleaned, rendered free from hazardous vapors and ventilated if left onsite or shall be 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 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 tank is located in accordance with § 245.305 (relating to reporting releases).
(c) The owner shall complete and submit an amended tank registration form to the Department within 30 days of:
(1) The completion of permanent closure.
(2) Change-in-service status of the tank.
(3) Temporary removal from service.
(d) Temporary removal from service requires that the owner/operator empty the tank system of regulated substances and conduct a visual examination of the area surrounding the tank as required in subsection (b), excluding the surface and soil underlying any tank bottom in contact with the ground. A tank may be considered to be in a temporary removal from service status when the tank is emptied and intended to remain out of use for 1 year or more.
(1) Temporary removal from service may not exceed 5 years, unless the owner can demonstrate an operational need to retain the tank in temporary removal-from-service beyond 5 years and the Department agrees to extend this time frame.
(2) Monitoring standards in § 245.613 (relating to monitoring standards) are not required when a tank is reported to the Department as temporarily removed from service.
(3) Inspection of tanks temporarily removed from service shall be performed in accordance with § 245.616 (relating to inspection requirements). In-service inspection interval may be delayed for a tank that is temporarily removed-from-service. The delayed inspection 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 a tank to operating status.]
§ 245.615. Recordkeeping requirements.
(a) The [owner/operator] 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 [tank and] aboveground storage tank system installation records and design specifications. This requirement is limited to records currently available for [tank systems existing prior to] aboveground storage tank systems installed on or before October 11, 1997.
(2) Records of modification to the [tank or] 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) [Monthly leak] 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 of suspected releases).
(8) Written log book information as required under § 245.603(c) (relating to general storage tank facility requirements).
§ 245.616. Inspection requirements.
(a) Required inspections of small aboveground storage [tanks] tank systems shall be conducted by Department-certified aboveground storage tank inspectors according to a current [Nationally-recognized association's code of practice such as API, STI or ASME] 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 [substantial] 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) [The owner/operator] 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 [owner/operator] owner and operator of small aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted every [10] 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. [Inspections shall be phased in for tanks without a previous inspection as follows:
(1) New tanks shall be initially inspected within 10 years of installation.
(2) Existing tanks, less than 10 years old without a previous inspection, shall be inspected by October 13, 2003, or 10 years from the date of installation, whichever is later.
(3) Existing tanks over 10 years old, without a previous inspection, shall be inspected by October 11, 2002.
(4) When an inspection is delayed under § 245.614(d)(3) (relating to requirements for closure) for a tank in temporary removal-from-service status, the inspection shall be completed and deficiencies remedied prior to returning the tank to operational service.]
(1) Aboveground storage tanks installed after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), shall be initially inspected within 5 years of installation.
(2) Existing aboveground storage tank systems with scheduled in-service inspections after _____ (Editor's Note: The blank refers to 1,825 days after the effective date of adoption of this proposed rulemaking.) 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 [must] 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 [monthly] 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.
(Editor's Note: Sections 245.617 and 245.618 are proposed to be added and printed in regular type to enhance readability.)
§ 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.
§ 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 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.
Subchapter H. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES § 245.704. General requirements.
(a) An owner or operator of an underground storage tank shall continuously participate in the USTIF by timely paying all applicable fees and conforming with all other requirements for participation in the USTIF, unless the EQB has determined that the underground storage tank is an exempt underground storage tank.
* * * * * § 245.708. Failure to maintain financial responsibility.
The failure of an owner or operator of an underground storage tank to comply with this subchapter shall subject the owner or operator to the enforcement [pro09visions in Chapter 13] provisions in sections 1301—1315 of the act (35 P.S. §§ 6021.1301—6021.1315).
[Pa.B. Doc. No. 18-289. Filed for public inspection February 23, 2018, 9:00 a.m.]
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