[26 Pa.B. 4735]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH
AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION
OF THE STORAGE TANK AND
SPILL PREVENTION PROGRAM
Subchapter A. GENERAL PROVISIONS
GENERAL § 245.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the content clearly indicates otherwise:
* * * * * Aboveground field constructed metallic storage tank--An aboveground storage tank that is manufactured from either ferrous or nonferrous metals and has final assembly completed at the job site. The term does not include associated piping.
Aboveground manufactured metallic storage tank--An aboveground storage tank that is manufactured from either ferrous or nonferrous metals and is completely fabricated and assembled in the shop prior to shipping. The term does not include piping.
Aboveground nonmetallic storage tank--An aboveground storage tank that is manufactured from nonmetallic materials; for example, fiberglass reinforced plastic, composites, plastics, and the like, and is completely fabricated and primarily assembled in the shop prior to shipping. The tank may require some additional final assembly at the job site. The term does not include associated piping.
Aboveground storage tank--One or a combination of stationary tanks with a capacity in excess of 250 gallons, including underground pipes and dispensing systems connected thereto within the emergency containment area, which is or was used to contain an accumulation of regulated substances, and the volume of which, including the volume of piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes tanks which can be visually inspected, from the exterior, in an underground area. The term does not include the following, or pipes connected thereto:
(i) A tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes or motor oil.
* * * * * (xi) Tanks regulated under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), including, but not limited to, piping, tanks, collection and treatment systems used for leachate, methane gas and methane gas condensate management.
* * * * * (xiv) Tanks containing radioactive materials or coolants that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297).
(xv) Tanks regulated under the act of May 2, 1929 (P. L. 1513, No. 451), known as the Boiler Regulation Law (35 P. S. §§ 1301--1500).
(xvi) Other tanks excluded by regulations promulgated under the act.
* * * * * Actively involved--To perform or to conduct direct onsite supervision or oversight of the minimum number of qualifying activities in § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications) for renewal of installer or inspector certification in each applicable category, within the period in § 245.114(a)(3) (relating to renewal and amendment of certification).
Adjacent--Next to or contiguous with.
* * * * * Aquifer--A geologic formation, group of formations or part of a formation capable of yielding sufficient groundwater for monitoring purposes.
Cathodic protection--A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.
Certified company--An entity, including, but not limited to, a sole proprietorship, a partnership or a corporation, which is authorized by this title to conduct tank handling activities, tightness testing activities or inspection activities using certified installers or certified inspectors, or both.
Certified inspector--A person certified by the Department to conduct inspections of tanks or storage tank facilities and who may conduct environmental audits. A certified inspector may not be an employe of a tank owner.
Certified installer--A person certified by the Department to install, modify or remove storage tanks. A certified installer may be an employe of a tank owner.
Clean Streams Law--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Containment structure or facility--Anything built, installed or established which comes in contact with regulated substances that are spilled, leaked, emitted, discharged, escaped, leached or disposed from a storage tank or storage tank system. The term includes, but is not limited to, a vault, dike, wall, building or secondary containment structure around an underground or above-ground storage tank, or any rock or other fill material placed around an underground storage tank.
* * * * * Environmental audit--Activities which may be conducted by a certified inspector to evaluate the storage tank system or storage tank facility site, equipment and records to determine evidence of an actual or possible release of regulated substance.
* * * * * Groundwater degradation--A measurable increase in the concentration of one or more contaminants in groundwater above background levels for those contaminants.
Inspection activities--Activities to inspect all or a part of a storage tank system or storage tank facility. These activities include, but are not limited to, evaluation of:
(i) Storage tank system structural integrity.
(ii) Construction and major modification.
(iii) Facility operation.
* * * * * Motor oil--A petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.
* * * * * Removal--Activities involving removal of storage tank system components, ancillary equipment and appurtenances. The term includes removal from service activities when a storage tank or storage tank system is removed, but excludes site assessment activities.
Removal from service--The term includes the following:
(i) Activities related to rendering a storage tank system permanently unserviceable. Activities include the oversight of the proper draining and cleaning of the storage tank system of product liquids, vapors, accumulated sludges or solids, and completing one of the following:
* * * * * (ii) Discontinued use, abandonment, closure in place and permanent closure but does not include temporary closure as those terms are used in the act and the Federal regulations promulgated under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6987).
(iii) Site assessment activities required under 40 CFR Part 280, Subpart G (relating to out-of-service underground storage tank systems and closure) and applicable State law, which are the responsibility of owners and operators, but are not conducted by certified installers and inspectors.
* * * * * Solid Waste Management Act--The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
* * * * * Storage tank facility--One or more stationary tanks, including associated intrafacility pipelines, fixtures, monitoring devices and other equipment. A facility may include aboveground tanks, underground tanks or a combination of both. For the purposes of the act and this part, the associated intrafacility pipelines, fixtures, monitoring devices and other equipment for an aboveground storage tank shall be that which lies within the emergency containment area. The term storage tank facility does not encompass portions of a facility that do not contain storage tank systems.
* * * * * Tightness testing activities--Testing activities which are designed and intended to detect leaks when performing precision tests, volumetric and nonvolumetric tests on underground storage tanks.
* * * * * USTIF deductible--The portion of liability incurred by an owner or operator of an underground storage tank for corrective action or for third party liability, within the limits of liability for USTIF coverage, which is the responsibility of the owner or operator and which is not indemnified by USTIF coverage. The USTIF deductible amount is established or revised by USTIB in accordance with section 705(c) of the act.
Underground field constructed storage tank--An underground storage tank that is manufactured from metallic or nonmetallic materials and has final assembly completed at the job site. The term does not include associated piping.
Underground manufactured storage tank--An underground storage tank that is manufactured from metallic or nonmetallic materials and is completely fabricated and assembled in the shop prior to shipping. The term does not include associated piping.
Underground storage tank--One or a combination of tanks (including underground pipes connected thereto) which are used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. The term does not include:
* * * * * (ii) Tanks used for storing heating oil for consumptive use on the premises where stored unless they are specifically required to be regulated by Federal law.
* * * * * (xi) Tanks regulated under the Solid Waste Management Act, including, but not limited to, piping, tanks, collection and treatment systems used for leachate, methane gas and methane gas condensate management, except for tanks subject to 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).
(xii) An underground storage tank system whose capacity is 110 gallons or less.
(xiii) Tanks containing radioactive materials or coolants that are regulated under the Atomic Energy Act of 1954.
(xiv) Other tanks excluded by policy or regulations promulgated under the act.
Unregistered storage tank--A storage tank, regulated under the act, which does not hold a current, valid registration.
Water supply--Existing, designated or planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, protected by the applicable water supply provisions of § 93.3 (relating to protected water uses).
§ 245.2. General.
A person may not install, construct, erect, modify, operate or remove from service all or part of a storage tank system or storage tank facility in a manner that violates the act, this part or applicable Federal regulations adopted under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6987). This chapter incorporates by reference the Federal regulations governing underground storage tank systems contained in 40 CFR Part 280, Subparts A--D and G.
TANK HANDLING AND INSPECTION ACTIVITIES § 245.21. Tank handling and inspection requirements.
(a) Tank handling activities shall be conducted by a certified installer except in the case of modification to an aboveground nonmetallic storage tank, which may be modified by the tank manufacturer. Storage tank facility owners and operators may not use persons who are not Department certified to conduct tank handling activities except as noted in this subsection.
(b) Tank handling activities conducted on all field constructed storage tanks and tank handling activities conducted on all aboveground storage tanks having a capacity greater than 21,000 gallons shall be inspected by a certified inspector, except in the case of a minor modification or removal from service.
(c) The operation of storage tank facilities shall be inspected by a certified inspector. The frequency of inspection shall be based on:
(1) The age of the storage tank systems located at the storage tank facility.
(2) The type of regulated substances contained in the storage tank systems located at the storage tank facility.
(3) The distance of the storage tank facility from public and private surface water and groundwater supplies.
(4) The total capacity of the storage tank systems located at the storage tank facility.
(5) The geologic conditions at the storage tank facility.
(6) Whether the storage tank facility, owner or operator has violated the act or the regulations promulgated thereunder.
(7) Whether the storage tank facility has storage tank systems which are periodically taken out of service.
(8) Whether there is suspected contamination at the storage tank facility.
(9) The level of quality control maintained at the storage tank facility.
(d) Storage tank facilities shall also be inspected upon written notification from the Department or as required by permit.
TIGHTNESS TESTING ACTIVITIES § 245.31. Underground storage tank tightness testing requirements.
(a) Tightness testing activities shall be conducted by a Department certified underground tightness testing (UTT) installer, except when performed by an owner or operator using installed automatic tank gauging or monitoring equipment.
(b) Tightness testing is required to be conducted when it is:
(1) Used as a method of release (leak) detection as prescribed in § 245.2 (relating to general).
(2) Used to complete the installation of a new single wall constructed underground storage tank. The testing is an integral part of the installation process.
(3) Otherwise required by the Department.
(c) Tightness testing shall be conducted in accordance with equipment manufacturer's written instructions and using the recommended written practices, procedures and established test method protocols developed by the sources in § 245.132(a)(1) (relating to standards of performance).
(d) A failed valid tightness test will, regardless of the test method, constitute a suspected release, except as provided in § 245.304(b) (relating to investigation of suspected releases). A failed valid tightness test conducted as part of an investigation of a suspected release constitutes a confirmed release.
(e) A written test report shall be provided to the tank owner as documentation of test results. The test methodology and sufficient test data, which were used to conclude that the tank passed or failed the tightness test, shall be included in the test report.
Subchapter B. CERTIFICATION PROGRAM FOR INSTALLERS AND INSPECTORS OF STORAGE TANKS AND STORAGE TANK FACILITIES
GENERAL CERTIFICATION REQUIREMENTS § 245.102. Requirement for certification.
(a) A person may not conduct tank handling or tightness testing activities unless that person holds a current installer certification issued by the Department for the applicable certification category as indicated in § 245.110 (relating to certification of installers), except as provided in § 245.31 (relating to underground storage tank tightness testing requirements). Except as provided in § 245.103 (relating to phase-in from interim certification), installer certification will only be issued by the Department to a person who:
(1) Possesses minimum experience and qualifications as provided under § 245.111 (relating to certified installer experience and qualifications).
(2) Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified installer categories described in § 245.110 for which the person is requesting certification.
(3) Submits an accurate and complete application.
(4) Is not found to be in violation of the act or this chapter and has not had a certification revoked by the Department under § 245.109 (relating to revocation of certification).
(b) A person may not conduct inspection activities at a storage tank system or storage tank facility required by the Department under the act and this part unless that person holds a current inspector certification issued by the Department for the applicable inspector certification category. Except as provided in § 245.103, inspector certification will only be issued by the Department to a person who:
(1) Possesses minimum experience and qualifications as provided under § 245.113 (relating to certified inspector experience and qualifications).
(2) Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified inspector categories described in § 245.112 (relating to certification of inspectors) for which the person is requesting certification.
(3) Submits an accurate and complete application.
(4) Is not found to be in violation of the act or this chapter and has not had a certification revoked by the Department under § 245.109.
(c) Certified installers and certified inspectors shall successfully complete additional periodic training and testing administered or approved by the Department to maintain their certification. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.
(d) After March 23, 1992, a certified installer or certified inspector may not perform tank handling or inspection activities as an employe of a company unless the company holds a valid certification issued by the Department under this chapter.
§ 245.103. Phase-in from interim certification.
(a) The Department may issue an installer certification or inspector certification on a temporary basis for the applicable certification category to any person who meets the minimum experience requirements under § 245.111 or § 245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).
(b) A person certified as an installer or inspector on an interim basis under section 108 of the act (35 P. S. § 6021.108) who meets the minimum experience and qualification requirements under § 245.111 or § 245.113 may request temporary installer certification or temporary inspector certification on or before January 21, 1992. Failure to be granted temporary installer certification or temporary inspector certification on or before March 23, 1992, will result in revocation of interim certification.
(c) To be granted permanent installer certification or permanent inspector certification, a person who obtains temporary installer certification or temporary inspector certification under this section, shall, on or before September 21, 1994, achieve a passing grade on a certification examination administered or approved by the Department for one or more of the certified installer or inspector categories described in § 245.110 or § 245.112 (relating to certification of installers; and certification of inspectors). Failure to achieve a passing grade within this time will result in expiration of the temporary installer certification or temporary inspector certification.
(d) If the EQB deletes or consolidates certification categories or amends qualifications for certification prior to the expiration date of an installer or inspector's permanent certification, the permanent certification may still be used until the expiration date of the certification.
§ 245.105. Certification examinations.
(a) The Department will establish separate administrative and technical content for the examinations and the standards and criteria against which they will be evaluated to be used in determining the fitness of candidates for certification as certified installers or certified inspectors under the categories established by this chapter.
(b) The Department will schedule a date and location for the examinations for certified installer and certified inspector at least once in each calendar year.
(c) Only applicants who have been authorized by the Department, in accordance with this chapter, to take an examination will be admitted to an examination or issued a certification as a result of passing an examination. Authorization to take an examination will be based on compliance with the requirements of this chapter.
(d) To receive a passing grade on the examinations, the applicant for certification shall achieve a minimum score of 90% on each technical section and a minimum score of 80% on the administrative section of the examination.
(e) An applicant who fails two examinations for the same certification may not retake the examination until the applicant has successfully completed a training program that is administered or approved by the Department and focuses on those areas of the examination in which the applicant is deficient. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.
§ 245.108. Suspension of certification.
(a) The Department may suspend the certification of a certified installer or certified inspector for good cause which includes, but is not limited to:
(1) A violation of the act or this part.
(2) Incompetency on the part of the certified installer or certified inspector as evidenced by errors in conducting duties and activities for which the certification in question was issued.
(3) Failure to successfully complete a training program required by the Department.
(4) In the case of a certified inspector's failure to:
(i) Inform the owner or operator and the Department of conditions or procedures that are not in accordance with the manufacturer's technical and procedural specifications for installation, construction, modification or operation of the storage tank system or storage tank facility.
(ii) Conduct, review or observe a test or inspection activity required by the act or this part.
(iii) Submit reports of inspection activities to the Department within 60 days of conducting the inspection activities.
(5) In the case of a certified installer's failure to:
(i) Be present during tank handling activities at the storage tank system or storage tank facility as required by the act and this part.
(ii) Conduct tank handling activities in accordance with the requirements of the act and this part.
(iii) Submit tank handling reports and activities to the Department within 60 days of conducting the tank handling activities.
(6) Working as a certified installer or certified inspector in a certification category for which the person has failed to obtain certification.
(7) Failure to meet one or more of the standards for performance in § 245.132 (relating to standards of performance).
(8) Submission of false information to the Department.
(9) A violation of The Clean Streams Law or the Solid Waste Management Act or regulations promulgated under those statutes by the certified individual which results in the following:
(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs as a result of the certified individual conducting activities related to the installation, modification, removal or inspection of storage tank systems.
(b) The suspension of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.
(c) The Department may require that the person successfully complete a special training program sponsored or approved by the Department designed to strengthen the specific weakness in the certified installer's or certified inspector's duties, as required under the act or this part identified in the suspension order. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.
(d) A certified installer or certified inspector shall surrender certification documents to the Department upon notification of suspension.
(e) The Department may reinstate the certification if:
(1) The cause for the suspension has been removed.
(2) The person is competent to execute duties and responsibilities for which certification was issued.
§ 245.109. Revocation of certification.
(a) The Department may revoke the certification of a certified installer or certified inspector if the certified installer or certified inspector has done one or more of the following:
(1) Demonstrated a willful disregard of, or willful or repeated violations of the act or regulations promulgated thereunder or this part.
(2) Willfully submitted false information to the Department.
(3) Committed an act requiring suspension under § 245.108 (relating to suspension of certification) after having certification suspended previously.
(b) The revocation of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.
(c) A certified installer or certified inspector shall surrender certification documents to the Department upon notification of revocation.
§ 245.110. Certification of installers.
(a) An installer certification authorizes the person to whom it is issued to conduct tank handling activities or tightness testing activities pertaining to storage tank systems or storage tank facilities in one or more of the categories in subsection (b).
(b) Installer certifications may be issued for the following categories:
(1) Underground storage tank system-installation and modification {UMX}. Installation and modification of underground storage tanks and storage tank systems including, but not limited to, the tank and all associated ancillary equipment, appurtenances, corrosion protection systems, structural components and foundations. This category also includes conducting preinstallation air pressure tests for underground storage tank systems.
(2) Underground storage tank-removal {UMR}. Removal from service of underground [manufactured] storage tank systems or storage tank facilities.
(3) Underground storage tank-tightness tester {UTT}. Tightness testing activities involved in conducting and interpreting results of volumetric and nonvolumetric tests on underground storage tank systems or storage tank facilities.
(4) Aboveground manufactured metallic storage tank-installation and modification {AMMX}. Installation and modification of aboveground manufactured metallic storage tanks or storage tank systems, including, but not limited to, the tank and all associated ancillary equipment, appurtenances and corrosion protection systems. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or when installing small aboveground UL-labeled tanks with manufacturer's installed self-containment or diking systems.
(5) Aboveground nonmetallic storage tank-installation and modification {AMNX}. Installation and modification of aboveground nonmetallic storage tanks or storage tank systems, including, but not limited to, the tank and all associated ancillary equipment and appurtenances. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or as specified by the tank manufacturer.
(6) Aboveground manufactured storage tank-removal {AMR}. Removal from service of aboveground manufactured storage tank systems or storage tank facilities.
(7) Aboveground field constructed metallic storage tank-installation, modification and removal {AFMX}. Installation, modification and removal of aboveground field constructed metallic storage tanks and corrosion protection systems.
(8) Aboveground field constructed storage tank-removal {AFR}. Removal from service of aboveground field constructed storage tank systems or storage tank facilities.
(9) Aboveground storage tank mechanical-installation, modification and removal {AMEX}. Installation, modification and removal of tank related mechanical appurtenances, including, but not limited to, valves, fill piping, suction piping, foam system piping, pumps, corrosion protection systems, release detection systems, and spill and overfill prevention systems that are components of an aboveground storage tank system or storage tank facility.
(10) Aboveground storage tank-civil {ACVL}. Installation and modification of tank related structural components, including, but not limited to, foundations, dike walls, field grading, above and below grade vaults, pump supports, pipe supports, corrosion protection systems and drainage systems associated with an aboveground storage tank system or storage tank facility.
(11) Storage tank-liner {TL}. Activities involved in installing internal linings for underground and aboveground storage tank systems or storage tank facilities.
§ 245.111. Certified installer experience and qualifications.
(a) An applicant shall meet the following minimum experience or education requirements, or both, and have completed the required number of activities in the appropriate category for an installer certification:
Total Experience or Education Total Number of Category plus Experience Activities Completed UMX 2 years, or college degree and 1 year 15 installations UMR 2 years, or college degree and 1 year 15 removals UTT Department approved training with testing equipment manufacturer's certification AMMX 2 years, or college degree and 1 year 15 installations or UMX Certification None or AFMX Certification None AMNX 2 years, or college degree and 1 year 15 which may be installations or major modifications AMR 2 years, or college degree and 1 year 15 removals or UMR Certification None or AFR Certification None AFMX 3 years, or college degree and 2 years 20 which may be installations or major modifications AFR 2 years, or college degree and 1 year 15 removals AMEX 3 years, or college degree and 2 years 20 (10 installations and 10 modifications) ACVL 3 years, or college degree and 2 years 20 (10 installations and 10 modifications) TL 2 years 15 tank linings * * * * * (d) The total experience requirement for underground storage tank-tightness tester {UTT} shall be demonstrated through the submission of proof of successful completion of a training program sponsored or approved by the Department and possession of a current equipment manufacturer's certification for a specific method of testing. The Department's UTT certification is limited to the specific method of testing included in the equipment manufacturer's certification. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training course.
* * * * * (f) In the category for aboveground field constructed metallic storage tank {AFMX}, for installation or reconstruction activities involving tanks greater than 90 feet in diameter, each activity shall count as two installations for purposes of meeting the total number of activities requirement.
(g) Six months experience may be accredited to an installer applicant who successfully completes a Department approved training program applicable to the certification category being requested. The 6 months experience shall be accredited to the total years of experience required by subsection (a), except for applicants who are substituting a college degree for experience.
§ 245.112. Certification of inspectors.
(a) An inspector certification authorizes the person to whom it is issued to conduct inspection activities for storage tank systems and storage tank facilities in one or more of the categories in subsection (b).
(b) Inspector certifications may be issued for the following categories:
(1) IUM underground storage tank systems and storage tank facilities.
(2) IAM aboveground manufactured storage tank systems and storage tank facilities.
(3) IAF aboveground field constructed storage tank systems and storage tank facilities.
§ 245.113. Certified inspector experience and qualifications.
(a) An applicant shall meet the following minimum experience or education requirements, or both, and have completed the required number of activities in the appropriate category of an inspector certification:
Total Experience and Qualification or Education Total Number of Category plus Experience Activities Completed IUM 1. 4 years, or college degree and 2 years
2. Department approved tank tightness testing familiarization course or UTT certification20 (10 installations and 10 major modifications) or (20 operations inspections for certification renewal applicants) or IAM certification and Department approved tank tightness testing familiarization course or UTT certification None IAM 1. 4 years, or college degree and 2 years
2. Nondestructive testing level 2 certification using current ASNT recommended practice (SNT-TC-1A) or Department approved aboveground tank inspector training course or API 653 Certification20 (which may be any combination of installations, major modifications or service inspections) or IAF Certification None IAF 1. 4 years, or college degree and 2 years
2. Nondestructive testing level 2 certification using current ASNT recommended practice (SNT-TC-1A) or Department approved API 653 training course or API 653 certification.20 (which may be any combination of installations, major modifications or inspections under API 653 standards) * * * * * (b) The total number of activities completed required by subsection (a) shall have been completed within the 7-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities.
(c) A college degree being substituted for experience shall be in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, hydrology, geology or environmental studies.
(d) The total number of activities completed required by subsection (a) may be met through the conducting of tank handling or inspection activities. Noncertified individuals may work at the site but the certified inspector is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.
(e) The total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.
(f) When conducting an aboveground storage tank structural integrity inspection on an aboveground field constructed metallic storage tank, the Department certified inspector shall also possess API Standard 653 (Tank Inspection, Repair, Alteration and Reconstruction Certification).
§ 245.114. Renewal and amendment of certification.
(a) Except as provided in § 245.103 (relating to phase- in from interim certification), certification shall be for 3 years from the date of issuance unless suspended or revoked. The date of certification expiration for amended certification applications shall coincide with the expiration dates of other certification categories for which the same certification examination modules were administered and passing grades were received. An applicant for renewal shall:
(1) Submit a completed application for renewal to the Department at least 120 days prior to the renewal date.
(2) Successfully complete training programs which may be required by the Department. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under § 245.141 (relating to training approval) for all sections of all qualifying tests given as part of the training course.
(3) Have been actively involved in tank handling or inspection activities in each individually certified category during the previous 3-year period immediately prior to submitting the renewal application for certification or take the technical module examinations again for all inactive certification categories and achieve a passing grade as described in § 245.105(d) (relating to certification examinations).
(b) A certified installer or certified inspector shall notify the Department and seek amendment of the certification from the Department whenever:
(1) There is a change in the information provided in the application for the certification. This request shall be made within 14 days from the date of a change in information.
(2) The certified installer or certified inspector wishes to conduct tank handling or inspection activities in installer or inspector certification categories other than those approved by the Department as set forth on the certification.
(3) The certified installer or certified inspector wishes to eliminate installer or inspector certification categories from the certification.
(4) The EQB amends certification categories or qualification requirements and establishes a phase-in period for the new requirements.
(c) Certified installers or certified inspectors required to amend their certifications in accordance with subsection (b)(1) or (3) shall apply for amendment on a form provided by the Department.
(d) Certified installers or certified inspectors required to amend their certifications in accordance with subsection (b)(2) shall comply with the applicable requirements of this chapter related to application, experience, qualifications and examination.
§ 245.123. Suspension of company certification.
(a) The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:
(1) A violation of the act or this chapter by the company or a certified installer or certified inspector employed by the company.
(2) Incompetency on the part of the company as evidenced by errors in executing duties and responsibilities for which the certification was issued.
(3) Failure to meet one or more of the standards of performance in § 245.132 (relating to standards of performance).
(4) A violation of The Clean Streams Law or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which results in the following:
(i) Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.
(ii) Occurs while conducting activities related to the installation, modification, removal from service or inspection of storage tank systems.
(5) Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.
(b) The Department may reinstate the certification if the following apply:
(1) The certified company and certified installers and certified inspectors employed by the certified company are competent to execute the duties and responsibilities for which certification was issued.
(2) The cause for the suspension has been removed.
(c) Suspension of a certification by the Department shall prevent a company from conducting tank handling or inspection activities during the suspension.
§ 245.132. Standards of performance.
(a) Certified companies, certified installers and certified inspectors shall:
(1) Maintain manufacturers, American Society of Nondestructive Testing (ASNT), American Petroleum Institute (API), American Society of Mechanical Engineers (ASME), Underwriters Laboratory (UL), Petroleum Equipment Institute (PEI), EPA and Department technical and administrative specifications and manuals which pertain to the categories for which certification was issued. This material is available from the following sources:
(i) American Society of Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518, Columbus, Ohio 43228-0518.
(ii) American Petroleum Institute, 2535 One Main Place, Dallas, TX 75202-3904.
(iii) American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017.
(iv) Underwriters Laboratory, Suite 400, 818 Eighteenth Street, N.W., Washington D.C. 20006.
(v) Petroleum Equipment Institute, Post Office Box 2380, Tulsa, Oklahoma 74101.
(vi) Environmental Protection Agency, Region III, UST/LUST Section (3HW63), 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
(vii) Department of Environmental Protection, Division of Storage Tanks, 400 Market Street, Post Office Box 8762, Harrisburg, Pennsylvania 17105-8762.
(2) Complete and file with the Department on a form provided by the Department a certification that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements of the act and this part.
(3) Maintain complete records of tank handling and inspection activities for a minimum of 10 years.
(4) Report to the Department a release of a regulated substance or confirmed or suspected contamination of soil, surface or groundwater from regulated substances observed while performing services as a certified installer or certified inspector. This notification shall be submitted to the Department in writing within 48 hours of observing suspected or confirmed contamination on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, a copy of the test results shall also be provided to the Department with the notification report. When there is a reportable release, the notification may be submitted jointly by the owner, operator, certified installer and certified inspector. In this instance, the written notification report shall be submitted to the Department, at the appropriate regional office, in accordance with § 245.305 (relating to reporting releases).
(5) Perform certified installer or certified inspector activities so that there is no release of regulated substances or contamination of soil, surface or groundwater caused by regulated substances from a storage tank system or storage tank facility.
(6) Not affix the certified installer's or certified inspector's signature or certification number to documentation concerning the installation or inspection of a component of a storage tank system project or to documentation concerning tank handling or inspection activity, unless:
(i) The storage tank system project was accomplished by the certified installer or under the installer's direct, onsite supervision and control.
(ii) Inspection activities were conducted on the storage tank system project by the certified inspector, or under the inspector's direct, onsite supervision and control and as required by the act and this chapter and the certified inspector was present at the site during the conducting of inspection activities on the storage tank system project and as required by the act and this chapter.
(7) Not certify to an owner or operator that a storage tank system project or component thereof is complete unless it complies with the act or this chapter.
(8) Adhere to equipment manufacturer's instructions, accepted industry standards and applicable industry codes of practice when performing tank handling, tightness testing or inspection activities.
(b) A certified installer or certified inspector shall display his certificate upon request.
[Pa.B. Doc. No. 96-1666. Filed for public inspection September 27, 1996, 9:00 a.m.]
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