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PA Bulletin, Doc. No. 02-2139

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

DEPARTMENT OF ENVIRONMENTAL PROTECTION

[25 PA. CODE CH. 245]

Corrective Amendment to 25 Pa. Code § 245.1

[32 Pa.B. 5883]

   The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 245.1 (relating to definitions), as deposited with the Legislative Reference Bureau and the official text published at 31 Pa.B. 6615, 6626 (December 1, 2001), and the text published in the February 2002 Pennsylvania Code Reporter (Master Transmittal Sheet No. 327), and as currently appearing in the Pennsylvania Code. Subparagraph (iv) should have been deleted.

   Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 245.1. The corrective amendment to 25 Pa. Code § 245.1 is effective as of February 2, 2002, the date the defective official text was announced in the Pennsylvania Bulletin.

   The correct version of 25 Pa. Code § 245.1 appears in Annex A, with ellipses referring to the existing text of the regulation.

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 context clearly indicates otherwise:

*      *      *      *      *

   Reportable release--A quantity or an unknown quantity of regulated substance released to or posing an immediate threat to surface water, groundwater, bedrock, soil or sediment. The term does not include the following, if the owner or operator has control over the release, the release is completely contained and, within 24 hours of the release, the total volume of the release is recovered or removed in the corrective action:

   (i)  A release to the interstitial space of a double-walled aboveground or underground storage tank.

   (ii)  A release of petroleum to an aboveground surface that is less than 25 gallons.

   (iii)  A release of a hazardous substance to an aboveground surface that is less than its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601--9675) and 40 CFR Part 302 (relating to designation, reportable quantities, and notification).

   Residential tank--A tank located on property used primarily for dwelling purposes.

*      *      *      *      *

[Pa.B. Doc. No. 02-2139. Filed for public inspection November 27, 2002, 9:00 a.m.]



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