§ 245.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ASNT—The American Society of Nondestructive Testing.

   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 the underground pipes and dispensing systems connected thereto within the emergency containment area, which is used, will be used 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 and tanks being constructed or installed for regulated use. 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.

     (ii)   A tank used for storing heating oil for consumptive use on the premises where stored.

     (iii)   A pipeline facility, including gathering lines, regulated under:

       (A)   The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.A. App. § §  1671—1687).

       (B)   The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C.A. § §  2001—2015).

       (C)   An interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (A) or (B).

     (iv)   A surface impoundment, pit, pond or lagoon.

     (v)   A stormwater or wastewater collection system.

     (vi)   A flow-through process tank, including, but not limited to, a pressure vessel and oil and water separators.

     (vii)   A nonstationary tank liquid trap or associated gathering lines directly related to oil and gas production or gathering operations.

     (viii)   Tanks which are used to store brines, crude oil, drilling or frac fluids and similar substances or materials and are directly related to the exploration, development or production of crude oil or natural gas regulated under the Oil and Gas Act (58 P. S. § §  601.101—601.605).

     (ix)   Tanks regulated under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.31).

     (x)   Tanks used for the storage of products which are regulated under the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § §  301—392).

     (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.

     (xii)   A tank of 1,100 gallons or less in capacity located on a farm used solely to store or contain substances that are used to facilitate the production of crops, livestock and livestock products on the farm.

     (xiii)   Tanks which are used to store propane gas.

     (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)   Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

     (xvii)   A tank that contains a de minimis concentration of regulated substances.

     (xviii)   An emergency spill or overflow containment tank that is expeditiously emptied after use.

     (xix)   Other tanks excluded by regulations promulgated under the act.

   Act—The Storage Tank and Spill Prevention Act (35 P. S. § §  6021.101—6021.2104).

   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.

   Affect or diminish—In the context of water supplies, the term has the following meaning: To cause or contribute to a measurable increase in the concentration of one or more contaminants in a water supply above background levels, or to cause or contribute to a decrease in the quantity of the water supply.

   Air Pollution Control Act—The Air Pollution Control Act (35 P. S. § §  4001—4015).

   Ancillary equipment—Electrical, vapor recovery, access or other systems and devices, including, but not limited to, devices, such as piping, fittings, flanges, valves and pumps used to distribute, meter, monitor or control the flow of regulated substances to or from a storage tank system.

   Aquifer—A geologic formation, group of formations or part of a formation capable of a sustainable yield of significant amount of water to a well or spring.

   Background—The concentration of a regulated substance determined by appropriate statistical methods that is present at the site, but is not related to the release of regulated substance at the site.

   Beneath the surface of the ground—Beneath the ground surface or otherwise covered with earthen materials.

   CERCLA—The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. § §  9601—9675).

   Cathodic protection—A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

   Cathodic protection tester—A person who can demonstrate an understanding of the principles and measurements of common type of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, the person shall have education and experience in soil resistivity, stray current, structure to soil potential and component electrical isolation measurements of buried metal piping and tank systems.

   Certification categories—

     (i)   Individual certification categories issued to certified installers or certified inspectors to perform tank handling, tightness testing or inspection activities on aboveground or underground storage tank systems and facilities.

     (ii)   The term includes category specific certifications in one or more of the following:

       (A)   Storage tank inspector certification categories:

         (I)   IAF—Inspection of aboveground field constructed and aboveground manufactured storage tank systems and facilities.

         (II)   IAM—Inspection of aboveground manufactured storage tank systems and facilities.

         (III)   IUM—Inspection of underground storage tank systems and facilities.

       (B)   Storage tank installer certification categories:

         (I)   ACVL—Aboveground storage tank system civil installation and modification.

         (II)   AFMX—Aboveground field constructed metallic storage tank installation, modification and removal, and aboveground manufactured metallic storage tank modification.

         (III)   AFR—Aboveground field constructed storage tank system removal.

         (IV)   AMEX—Aboveground storage tank system mechanical installation, modification and removal.

         (V)   AMMX—Aboveground manufactured metallic storage tank system installation and modification.

         (VI)   AMNX—Aboveground nonmetallic storage tank system installation and modification.

         (VII)   AMR—Aboveground manufactured storage tank system removal.

         (VIII)   TL—Storage tank liner installation and modification, and underground storage tank liner evaluation.

         (IX)   UMX—Underground storage tank system installation and modification.

         (X)   UTT—Underground storage tank system tightness tester.

         (XI)   UMR—Underground storage tank system removal.

   Certified company—An entity, including, but not limited to, a sole proprietorship, a partnership or a corporation, which is certified by the Department and employs certified installers or certified inspectors to conduct tank handling activities, tightness testing activities or inspection activities.

   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.

   Change-in-service—One of the following:

     (i)   Continued use of a storage tank system to store an unregulated substance.

     (ii)   Continued use of a storage tank system in a manner which would exempt the system from the definition of aboveground storage tank or underground storage tank.

   Clean Streams Law—The Clean Streams Law (35 P. S. § §  691.1—691.1001).

   Cleanup or remediation—To clean up, mitigate, correct, abate, minimize, eliminate, control or prevent a release of a regulated substance into the environment to protect the present or future public health, safety, welfare or the environment, including preliminary actions to study or assess the release.

   Coax vapor recovery—The use of a coaxial fitting to provide Stage I vapor recovery; one orifice for the conveyance of the product to the tank and a second, concentric orifice for venting the tank to the delivery vehicle.

   Combination of tanks—Tanks connected together at a manifold in a manner that they act as a single unit; tank capacity for a combination of tanks is the sum of the individual tank capacities.

   Compatible—The ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.

   Connected piping—All piping including valves, elbows, joints, flanges and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual tank system, the piping that joins two regulated systems should be allocated equally between them.

   Consumptive use—The term means, with respect to heating oil, that which is stored in an aboveground storage tank of 30,000 gallons or less capacity or that which is stored in an underground storage tank and is consumed on the premises.

   Contaminant—A regulated substance released into the environment.

   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.

   Corrective action—

     (i)   The term includes the following:

       (A)   Containing, assessing or investigating a release.

       (B)   Removing a release or material affected by a release.

       (C)   Taking measures to prevent, mitigate, abate or remedy releases, pollution and potential for pollution, nuisances and damages to the public health, safety or welfare, including, but not limited to, the following:

         (I)   Waters of this Commonwealth, including surface water and groundwater.

         (II)   Public and private property.

         (III)   Shorelines, beaches, water columns and bottom sediments.

         (IV)   Soils and other affected property, including wildlife and other natural resources.

       (D)   Taking actions to prevent, abate, mitigate or respond to a violation of the act that threatens public health or the environment.

       (E)   Temporarily or permanently relocating residents, providing alternative water supplies or undertaking an exposure assessment.

     (ii)   The term does not include the cost of routine inspections, routine investigations and permit activities not associated with a release.

   Corrosion expert—A person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

   Corrosion protection—The protection of metal from deterioration. The deterioration may be due to a natural electrochemical reaction between the metal and the soil or other electrolyte, or because of stray direct currents.

   De minimis—With regard to products containing regulated substances, the term applies when the regulated substance is of insufficient concentration to be required to appear on a Material Safety Data Sheet (MSDS). The term does not apply to section 507 of the act (35 P. S. §  6021.507) as it pertains to site contamination.

   Dielectric material—A material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the tank system for example, tank from piping.

   Electrical equipment—Equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

   Emergency containment—A containment structure which serves to convey, capture and contain the total volume of an anticipated release of regulated substance from an aboveground or underground storage tank system and which is expeditiously emptied.

   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.

   Environmental media—Soil, sediment, surface water, groundwater, bedrock and air.

   Excavation zone—The volume containing the tank system and backfill material bounded by the ground surface, walls and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.

   Exempt underground storage tank—An underground storage tank which has been exempted by regulation from participation in USTIF.

   Existing underground storage tank system—An underground storage tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if the following apply:

     (i)   The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction of the site or installation of the tank system.

     (ii)   One of the following apply:

       (A)   A continuous onsite physical construction or installation program has begun.

       (B)   The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction at the site or installation of the tank system to be completed within a reasonable time.

   Exposure assessment—An assessment to determine the extent of exposure of, or potential for exposure of, individuals, the biological community and all other natural resources to releases from a storage tank based on, but not limited to, the following:

     (i)   The nature and extent of contamination and the existence of or potential for pathways of human exposure, including groundwater or surface water contamination, air emissions, soil contamination and food chain contamination.

     (ii)   The size of the community within the likely pathways of exposure.

     (iii)   The comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants.

   Farm—Land used for the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of these crops, livestock or livestock products if more than 50% of these processed or merchandized products are produced by the farm operator. The phrase ‘‘Crops, livestock and livestock products’’ includes, but is not limited to:

     (i)   Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.

     (ii)   Fruits, including apples, peaches, grapes, cherries and berries.

     (iii)   Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.

     (iv)   Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

     (v)   Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs.

     (vi)   Aquatic plants and animals and their by-products.

   Free product—A regulated substance that is present as a separate phase liquid; that is, liquid not dissolved in water.

   Free product recovery—The removal of free product.

   Gathering lines—A pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.

   Groundwater—Water below the land surface in a zone of saturation.

   Hazardous substance storage tank system—

     (i)   A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. §  9601(14)).

     (ii)   The term does not include a storage tank system that contains a substance regulated as a hazardous waste under Subtitle C of CERCLA, or mixture of the substances and petroleum, and which is not a petroleum system.

   Heating oil—Petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers or furnaces.

   Highly hazardous substance tank—A storage tank of greater than 1,100 gallons capacity which contains reportable quantities of substances with CERCLA reportable release quantity of 10 pounds or less, as identified by 40 CFR Part 302 (relating to designation, reportable quantities, and notification).

   Hydraulic lift tank—A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.

   In-service inspection—A scheduled aboveground storage tank external inspection to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department-certified aboveground storage tank inspector. The tank system may be in operation during this inspection.

   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.

   Install—Activities to construct, reconstruct or erect to put into service a storage tank, a storage tank system or storage tank facility.

   Interim certification—Certification granted by the Department on an interim basis under section 108 of the act (35 P. S. §  6021.108) to installers and inspectors of storage tank systems or storage tank facilities.

   Intrafacility piping—A common piping system serving more than one storage tank system within a storage tank facility.

   Large aboveground storage tank—An aboveground storage tank having a capacity greater than 21,000 gallons.

   Large aboveground storage tank facility—An aboveground storage tank facility with greater than 21,000 gallons total aboveground storage capacity.

   Liquid trap—Sumps, well cellars and other traps used in association with oil and gas production, gathering and extraction operations (including gas production plants), for the purpose of collecting oil, water and other liquids. The liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

   Maintenance—The normal operational upkeep to prevent a storage tank system or storage tank facility from releasing regulated substances if the activity involved is not a major modification or minor modification.

   Major modification—

     (i)   An activity to upgrade, repair, refurbish or restore all or any part of an existing storage tank system or storage tank facility which:

       (A)   Alters the design of that storage tank system or storage tank facility.

       (B)   May affect the integrity of that storage tank system or storage tank facility.

     (ii)   The term includes an activity directly affecting the tank portion of the storage tank system or an activity directly affecting an underground component of the storage tank system.

   Minor modification—

     (i)   An activity to upgrade, repair, refurbish or restore all or part of an existing storage tank system or storage tank facility which does not alter the design of that storage tank system or storage tank facility, but, which may effect the integrity of that storage tank system or storage tank facility.

     (ii)   The term does not include an activity directly affecting the tank portion of the storage tank system or an activity directly affecting an underground component of the storage tank system.

   Modify—To conduct an activity that constitutes a major modification or a minor modification.

   Monitoring system—A system capable of detecting releases in connection with an aboveground or underground storage tank.

   Motor fuel—Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol, and is typically used in the operation of an internal combustion engine.

   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.

   New facility—A storage tank facility which did not exist prior to August 5, 1989.

   Noncommercial purposes—The term means, with respect to motor fuel, motor fuel not for resale.

   Nontank handling project activities—Activities performed by a certified individual, certified company or employee of a certified company on a project that may not be tank handling activities, but are part of the certified individual’s or company’s responsibility while completing tank handling or inspection activities on a storage tank system project.

   OSHA—Occupational Safety and Health Administration—The agency established under the Occupational Safety and Health Act of 1970 (29 U.S.C.A. § §  651—678).

   On the premises where stored—With respect to heating oil, the term means tank systems located on the same property where the stored heating oil is used.

   Operational life—The period beginning when installation of the tank system has commenced until the time the tank system is properly closed.

   Operator—A person who manages, supervises, alters, controls or has responsibility for the operation of a storage tank.

   Out-of-service inspection—A scheduled aboveground storage tank inspection that encompasses both internal and external examination to determine tank system serviceability and compliance with requirements in this chapter and applicable industry standards. This inspection shall be conducted by a Department-certified aboveground storage tank inspector. The tank system may not be in operation during this inspection.

   Overfill—A release that occurs when a tank is filled beyond its capacity.

   Owner—Includes the following:

     (i)   In the case of a storage tank in use on August 7, 1989 or brought into use after August 7, 1989, a person who owns or has an ownership interest in a storage tank used for the storage, containment, use or dispensing of regulated substances.

     (ii)   In the case of an aboveground storage tank in use before August 7, 1989, but which was no longer in use on August 7, 1989, a person who owned the aboveground tank immediately before the discontinuance of its use as well as a person who meets the definition in subparagraph (i).

     (iii)   In the case of an underground storage tank, the owner of an underground storage tank holding regulated substances on or after November 8, 1984, and the owner of an underground storage tank at the time all regulated substances were removed when removal occurred prior to November 8, 1984.

   Permanently affixed—Not able to be moved from its resting place by design or which is connected to real property by piping or other structure.

   Permanent water supply—A well, interconnection with a public water supply, extension of a public water supply, similar water supply or a treatment system, determined by the Department to be capable of restoring the water supply to the quantity and quality of the original unaffected water supply.

   Person—An individual, partnership, corporation, association, joint venture, consortium, institution, trust, firm, joint-stock company, cooperative enterprise, municipality, municipal authority, Federal Government or agency, Commonwealth Department, agency, board, commission or authority, or other legal entity which is recognized by law as the subject of rights and duties. In provisions of the act prescribing a fine, imprisonment or penalty, or a combination thereof, the term includes the officers and directors of a corporation or other legal entity having officers and directors.

   Petroleum system—A storage tank system that primarily contains petroleum, and may contain additives or other regulated substances. The term includes systems containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.

   Pipe or piping—A hollow cylinder or tubular conduit that is constructed of nonearthen materials. The terms include the associated fittings such as unions, elbows, tees and flexible joints.

   Pipeline facilities (including gathering lines)—New and existing pipe rights-of-way and associated equipment, facilities or buildings regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, codified without substantive change in 1994 by Pub. L. No. 103-272, 108 Stat. 1371 (49 U.S.C.A. § §  60101—60125) which may include coastal, interstate or intrastate pipelines.

     (i)   The term includes tanks essential to the operation of the pipeline, such as tanks used to hold substances that operate compressors or pumps directly connected to the pipeline and breakout tanks used solely to relieve pressure surges from the pipeline and then reinject substances from the pipeline back into the pipeline.

     (ii)   The term does not include tanks which dispense substances to vehicles, railcars, barge or tanker truck transports or tanks at complex facilities which serve as storage tanks or feed stock tanks for the purposes of this chapter.

   Potential to be affected—In the context of water supplies, a water supply that, by virtue of its location with respect to a release of regulated substances, is reasonably likely to be impacted by that release, based on an evaluation of the known physical and hydrogeologic environment in which the release occurred and the fate and transport properties of the contaminants released.

   Pressure vessel—A vessel used in industrial processes designed to withstand pressures above 15 psig.

   Process vessel—A vessel in industrial or commercial operation in which, during use, there is a mechanical, physical or chemical change of the contained substances taking place. The industrial or commercial process may include, but is not limited to, mixing, separating, chemically altering, dehydrating, extracting, refining or polishing of the substances in the tank. The term does not include tanks used only to store substances prior to sale or to store feedstock prior to additional processing.

   Property—A parcel of land defined by the metes and bounds set forth in the deed for that land.

   Public water system—A system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

   Reconstruction—The work necessary to reassemble a storage tank that has been dismantled and relocated to a new site.

   Regulated substance—

     (i)   An element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health, welfare or the environment which is one of the following:

       (A)   A substance defined as a hazardous substance in section 101(14) of CERCLA, including hazardous substances that are liquid or gaseous, or suspended therein regardless of holding temperature, but not including a substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § §  6921—6931).

       (B)   Petroleum, including crude oil or a fraction thereof and petroleum hydrocarbons which are liquid at standard conditions of temperature and pressure (60° F and 14.7 pounds per square inch absolute), including, but not limited to, oil, petroleum, petroleum mixed with ethanol, fuel oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude oils, gasoline and kerosene.

       (C)   Other substances determined by the Department by regulation whose containment, storage, use or dispensing may present a hazard to the public health and safety or the environment, but not including gaseous substances used exclusively for the administration of medical care. This includes the following other regulated substances:

         (I)   Nonpetroleum oils including biodiesel; synthetic fuels and oils, such as silicone fluids; tung oils and wood-derivative oils, such as resin/rosin oils; and inedible seed oils from plants, which are liquid at standard conditions of temperature and pressure. The requirements in this chapter for petroleum tanks in clause (B) apply for this group of substances.

         (II)   Pure ethanol intended for blending with motor fuel. The requirements in this chapter for petroleum tanks in clause (B) apply.

   Release—Spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into surface waters and groundwaters of this Commonwealth or soils or subsurface soils in an amount equal to or greater than the reportable released quantity determined under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §  9602), and regulations promulgated thereunder, or an amount equal to or greater than a discharge as defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C.A. §  1321) and regulations promulgated thereunder. The term also includes spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into a containment structure or facility that poses an immediate threat of contamination of the soils, subsurface soils, surface water or groundwater.

   Release detection—The determination, through a method or combination of methods, whether a release of a regulated substance has occurred from a storage tank into the environment or into the interstitial space between the storage tank and its secondary containment around it.

   Remediation standard—The background, Statewide health or site-specific standard, or any combination thereof, as provided for in the Land Recycling and Environmental Remediation Standards Act (35 P. S. § §  6026.101—6026.909).

   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 an underground 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:

       (A)   Leaving the storage tank system in the ground and filling the tank with inert, solid material.

       (B)   Dismantling or removing the storage tank system from the tank site.

     (ii)   Discontinued use, abandonment, closure in place and permanent closure but does not include temporary closure as those terms are used in the act.

     (iii)   Site assessment activities required under Subchapter E (relating to technical standards for underground storage tanks) and applicable State law, which are the responsibility of owners and operators, but are not conducted by certified installers or inspectors.

   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.

   Responsible party—A person who is responsible or liable for corrective action under the act. The term includes: the owner or operator of a storage tank; the landowner or occupier; a person who on or after August 5, 1990, knowingly sold, distributed, deposited or filled an underground storage tank regulated by the act which never held a valid registration, with a regulated substance; and a person who on or after August 5, 1990, knowingly sold, distributed, deposited or filled an unregistered aboveground storage tank regulated by the act, with a regulated substance, prior to the discovery of the release.

   Risk assessment—A process to quantify the risk posed by exposure of a human or ecological receptor to regulated substances. The term includes baseline risk assessment, development of site-specific standards and risk assessment of the remedial alternatives.

   SARA—The Superfund Amendments and Reauthorization Act of 1986, the act of October 17, 1986 (Pub.L. No. 99-499, 101 Stat. 1613).

   Secondary containment—An additional layer of impervious material creating a space in which a release of a regulated substance from a storage tank may be detected before it enters the environment.

   Sediment—Solid fragmental material that originates from weathering of rocks and is transported or deposited by air, water or ice, or that accumulates by other natural agents, such as chemical precipitation from solution or secretion by organisms, and that forms in layers on the earth’s surface at ordinary temperatures in a loose, unconsolidated form. The term includes sand, gravel, silt, mud, till, loess and alluvium.

   Septic tank—A watertight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer.

   Site—For purposes of §  245.303(c) and (d) (relating to general requirements), the term means the property which includes the storage tank facility. For other purposes, the term means the extent of contamination originating within the property boundaries and all areas in close proximity to the contamination necessary for the implementation of remedial activities to be conducted.

   Small aboveground storage tank—An aboveground storage tank having a capacity equal to or less than 21,000 gallons.

   Soil—Unconsolidated materials above bedrock.

   Solid Waste Management Act—The Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003).

   Spill prevention response plan—Emergency plans and procedures developed by an aboveground storage tank or tank facility owner, operator, or both, for response to an accident or spill on the facility by facility personnel or contractors.

   Stationary tank—An aboveground storage tank that is permanently affixed to the real property on which the tank is located.

   Storage tank—An aboveground or underground storage tank which is used for the storage of a regulated substance.

   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.

   Storage tank system—An underground or aboveground storage tank, associated underground or aboveground piping directly serving that storage tank, and one or more of the following which are directly associated with that storage tank:

     (i)   Ancillary equipment.

     (ii)   Foundation.

     (iii)   Containment structure or facility.

     (iv)   Corrosion protection system.

     (v)   Release detection system.

     (vi)   Spill and overfill protection system.

   Stormwater or wastewater collection system—Piping, pumps, conduits and other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation or domestic, commercial or industrial wastewater to and from retention areas or the areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance.

   Substantial modification—An activity to construct, refurbish, restore or remove from service an existing storage tank, piping or storage tank facility which alters the physical construction or integrity of the storage tank or storage tank facility.

   Surface impoundment—A natural topographic depression, manmade excavation or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is not an injection well.

   Survey—For purposes of §  245.303(d), the term means a study to establish background for surface water, groundwater, soil and sediment prior to the use of a storage tank facility.

   Tank—A stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials, for example, concrete, steel or plastic that provide structural support.

   Tank handling activities—Activities to install, modify or remove all or part of a storage tank system or storage tank facility. The term does not include maintenance activities.

   Temporary water supply—Bottled water, a water tank supplied by a bulk water hauling system and similar water supplies in quantities sufficient to accommodate normal usage.

   Third party liability—Liability of an owner or operator of an underground storage tank to a person for bodily injury or property damage, or both, arising from or caused by a sudden or nonsudden release of a regulated substance from the underground storage tank.

   Tightness testing activities—Testing activities which are designed and intended to detect leaks when performing precision tests, volumetric and nonvolumetric tests on underground storage tank systems.

   USTIB—Underground Storage Tank Indemnification Board—The Board established under section 703 of the act (35 P. S. §  6021.703), and authorized to carry out the powers and duties described in section 705 of the act (35 P. S. §  6021.705).

   USTIF—Underground Storage Tank Indemnification Fund—The Fund established under section 704 of the act (35 P. S. §  6021.704), for the purpose of making payments to the owner or operator of an underground storage tank who incurs corrective action liability or third party liability caused by a sudden or nonsudden release from an underground storage tank.

   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 area—An underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

   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, were used or will be 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 includes tanks being constructed or installed for regulated use. The term does not include:

     (i)   Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

     (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.

     (iii)   A septic or other subsurface sewage treatment tank.

     (iv)   A pipeline facility (including gathering lines) regulated under:

       (A)   The Natural Gas Pipeline Safety Act of 1968.

       (B)   The Hazardous Liquid Pipeline Safety Act of 1979.

     (v)   An interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law in subparagraph (iv).

     (vi)   Surface impoundments, pits, ponds or lagoons.

     (vii)   Stormwater or wastewater collection systems.

     (viii)   Flow-through process tanks.

     (ix)   Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.

     (x)   Storage tanks situated in an underground area (such as a basement, cellar, mine working, drift, shaft or tunnel) if the tank is situated upon or above the surface of the floor.

     (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 with capacity of 110 gallons or less.

     (xiii)   Tanks containing radioactive materials or coolants that are regulated under The Atomic Energy Act of 1954 (42 U.S.C.A. § §  2011—2297).

     (xiv)   A wastewater treatment tank system.

     (xv)   Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

     (xvi)   An underground storage tank system that contains a de minimis concentration of regulated substances.

     (xvii)   An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.

     (xviii)   An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A (relating to general design criteria for nuclear power plants).

     (xix)   Other tanks excluded by policy or regulations promulgated under the act.

   Underground storage tank system—An underground storage tank, connected piping and ancillary equipment and containment system.

   Underground vault—A structure which is beneath the surface of the ground and is designed specifically to contain an aboveground storage tank.

   Unregistered storage tank—A storage tank, regulated under the act, which does not hold a current, valid registration.

   Upgrade—The addition or retrofit of some systems such as cathodic protection, lining or spill and overfill controls to improve the ability of a storage tank system to prevent the release of product.

   Wastewater treatment tank—A tank that is designed to receive and treat an influent wastewater through physical, chemical or biological methods.

   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).

   The provisions of this §  245.1 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5341; amended February 27, 1998, effective October 11, 1997, 28 Pa.B. 1135; amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615; corrected November 29, 2002, effective February 2, 2002, 32 Pa.B. 5883; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (317226), (285707) to (285716), (294471) to (294474) and (313731) to (313732).

 (a)  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 in 40 CFR Part 280, Subpart I (relating to lender liability).

 (b)  Whenever industry codes are specified in this chapter, the latest edition shall be used. When industry codes are updated, facilities installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standard. The requirements of this chapter shall govern in the event of a conflict between the requirements of this chapter and an applicable industry standard.

 (c)  A person may not install a storage tank system regulated under the act unless the system does the following:

   (1)  Will prevent releases due to corrosion or structural failure for the operational life of the system.

   (2)  Is protected against corrosion and designed in a manner to prevent the release or threatened release of any stored substance.

   (3)  Is constructed or lined with material that is compatible with the stored substance.

   The provisions of this §  245.2 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5341. Immediately preceding text appears at serial pages (228313) to (228314).

   This section cited in 25 Pa. Code §  245.425 (relating to reuse of removed tanks); 25 Pa. Code §  245.501 (relating to purpose); and 25 Pa. Code §  245.601 (relating to purpose).

TANK HANDLING 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. The certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity.

 (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.

   The provisions of this §  245.21 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (313733) to (313734).

   This section cited in 25 Pa. Code §  245.41 (relating to tank registration requirements); 25 Pa. Code §  245.222 (relating to application requirements); 25 Pa. Code §  245.423 (relating to registration requirements); and 25 Pa. Code §  245.451 (relating to temporary closure (out-of-service)).

TIGHTNESS TESTING ACTIVITIES

§ 245.31. Underground storage tank tightness testing requirements.

 (a)  Tightness testing activities shall be conducted by a Department-certified underground storage tank system tightness tester (UTT), except when performed by an owner or operator using installed automatic tank gauging or monitoring equipment meeting requirements of §  245.444(3) and (4) (relating to methods of release detection for tanks).

 (b)  Tightness testing is required to be conducted when it is:

   (1)  Used as a method of release (leak) detection as prescribed in § §  245.442(b)(1), 245.443(1), 245.444(3) and 245.445(2).

   (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)  Used in conjunction with cathodic protection upgrading as prescribed in §  245.422(b)(2)(iii) or (v) (relating to upgrading of existing underground storage tank systems).

   (4)  Used to test tanks repaired in response to a release as prescribed in §  245.434(5) (relating to repairs allowed).

   (5)  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 complete written test report shall be provided to the tank owner as documentation of test results within 20 days of the test. The test methodology, a certification that the test meets the requirements of §  245.444(3) or §  245.445(2) (relating to methods of release detection for piping), 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.

 (f)  Certified underground storage tank system tightness testers (UTT) shall maintain complete records of tightness testing activities for a minimum of 10 years as provided in §  245.132(a)(3) (relating to standards of performance).

 (g)  Tightness testing of the underground storage tank system’s piping shall be conducted by a Department-certified underground storage tank system tightness tester (UTT) after November 10, 2008.

   The provisions of this §  245.31 adopted September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5341; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (313734) to (313735).

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); and 25 Pa. Code §  245.108 (relating to suspension of certification).

TANK REGISTRATION AND FEES

§ 245.41. Tank registration requirements.

 (a)  Tank owners shall properly register each storage tank by meeting the requirements of this section and paying the registration fee required by §  245.42 (relating to tank registration fees).

 (b)  Tank owners shall register each aboveground storage tank and each underground storage tank with the Department, except as specifically excluded by Department policy or this chapter, on a form provided by the Department, within 30 days after installation or acquisition of an ownership interest in the storage tank. Unless otherwise approved by the Department, a regulated substance may not be placed in the tank and the tank may not be operated until the tank is properly registered and the Department approves an operating permit for the tank.

 (c)  A form for registration of a storage tank must be complete upon submission to the Department and provide the following:

   (1)  Tank owner, operator and contact information.

   (2)  General facility, site and location information.

   (3)  Specific tank description and usage information, including regulated substance or substances that will be stored in each tank.

   (4)  Specific tank construction, system components and installation information.

   (5)  Owner or owner’s representative certification validating the registration information and operating permit application.

   (6)  Certified tank installer information and signature (when required).

   (7)  Certified tank inspector information and signature for certain classes of tanks addressed in §  245.21 (relating to tank handling and inspection requirements).

   (8)  Other applicable information that may be required by the Department.

 (d)  The owner’s registration form shall also serve as an operating permit application. The Department may register a tank and not approve an operating permit for the tank if the application, tank system or the storage tank facility does not meet the requirements of this chapter or the permit applicant is in violation of the act. The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported on the registration form in temporary closure or temporary removal from service (out-of-service) status. Tank owners may not store, dispense from or place a regulated substance in a storage tank that does not have an operating permit unless otherwise agreed upon by the Department. Additionally, certain classes of tanks require a site-specific installation permit prior to beginning construction of a new or replacement storage tank in accordance with Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities). Submission of a site-specific installation permit application is a separate requirement for these tanks that is not satisfied by the registration form submission.

 (e)  A combination of tanks that operate as a single unit require registration of each tank unless otherwise agreed upon by the Department. A tank that has separate compartments within the tank shall be registered separately and charged a separate tank fee for each compartment unless the compartments are connected in a manner that fills, dispenses and operates as a single unit maintaining the same regulated substance at the same operating level in each compartment.

 (f)  Tank owners shall submit a registration form to amend registration information previously submitted to the Department within 30 days of a change in the previously submitted information. These changes include the following:

   (1)  Removal or relocation of a storage tank to a new facility.

   (2)  Temporary or permanent closure or removal from service of a storage tank.

   (3)  Change in use of a storage tank to or from regulated or nonregulated status, for example, changing a storage tank to use as a process vessel.

   (4)  Change in substance or substances stored in the tank, unless otherwise agreed upon by the Department.

   (5)  Change of ownership or change of operator—new and previous owner.

   (6)  Change of contact, mailing address or telephone number.

   (7)  Installation of a new or replacement storage tank at an existing facility.

 (g)  The Department may require submission of supporting documentation and process information for exemption or exclusion from regulation for a tank change in status or use from a regulated to a nonregulated status.

   The provisions of this §  245.41 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.

 (a)  Annual registration fees to be paid by owners of aboveground storage tanks are established under section 302 of the act (35 P. S. §  6021.302) as follows:

   (1)  $50 for each aboveground storage tank with a capacity less than or equal to 5,000 gallons.

   (2)  $125 for each aboveground storage tank with a capacity of more than 5,000 gallons and less than or equal to 50,000 gallons.

   (3)  $300 for each aboveground storage tank with a capacity of more than 50,000 gallons.

 (b)  Annual registration fees to be paid by owners of underground storage tanks are established under section 502 of the act (35 P. S. §  6021.502) as $50 for each underground storage tank.

 (c)  The Department will issue an invoice to the tank owner after receipt of a complete registration form under §  245.41(c) (relating to tank registration requirements). A tank owner filing a registration shall remit the appropriate fee upon receipt of the invoice.

 (d)  Registration expiration dates are established for storage tanks according to facility location. The Department will prorate the registration fee established by this section to reflect the percentage of time remaining in the registration year from the date of initial registration of a storage tank. The Department will not refund registration fees if an owner permanently closes a storage tank or exempts a storage tank through a change-in-service to store a nonregulated substance or change to nonregulated use (such as a process vessel) prior to the expiration of the storage tank’s registration.

 (e)  The Department will issue a certificate of registration to an owner upon payment of the required registration fee. The tank owner shall have the current valid certificate of registration available for inspection by the Department, certified storage tank inspector or installer and product distributor. At facilities where a regulated substance is sold at retail to the public, the certificate of registration or an exact copy shall be publicly displayed in a noticeable area at the facility.

 (f)  The Department will issue an annual invoice to the tank owner for the annual renewal of all regulated tanks at the owner’s facility once per year, at least 60 days prior to the expiration of the certificate of registration.

 (g)  Fees are payable no later than 60 days after the invoice date, and will be considered delinquent 90 days after the invoice date.

   The provisions of this §  245.42 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.

 (a)  An owner who fails to pay the required registration fee may be subject to Commonwealth policy and guidelines for collection of delinquent debts due the Commonwealth.

 (b)  Failure to pay registration fees could result in Departmental actions against the storage tank owner and the operator, including revocation of operating permits issued by the Department under this chapter.

 (c)  The Department may register a tank, but may withhold or deny the operating permit for the tank if the owner has a delinquent registration debt for any regulated storage tank.

Subchapter B. CERTIFICATION PROGRAM FOR INSTALLERS
AND INSPECTORS OF STORAGE TANKS AND STORAGE
TANK FACILITIES

GENERAL CERTIFICATION REQUIREMENTS

Sec.

§ 245.101. Purpose.

 (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). 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, or 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. 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 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 inspector categories described in §  245.112 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, or 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 employee of a company unless the company holds a valid certification issued by the Department under this chapter.

 (e)  If the EQB deletes or consolidates certification categories or amends qualifications for certification prior to the expiration date of an installer or inspector’s category certification, the category certification may still be used until the expiration date of that category certification.

   The provisions of this §  245.102 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234678) to (234679).

   The provisions of this §  245.103 adopted September 20, 1991, effective September 21, 1991, 21 Pa.B. 4345; corrected September 27, 1991, effective September 21, 1991, 21 Pa.B. 4405; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1949; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; reserved November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234679) to (234680).

 (a)  The applicant shall be a natural person.

 (b)  An application for installer or inspector certification shall be submitted to the Department on current forms provided by the Department and must contain the following information:

   (1)  Evidence that the applicant has the certification prerequisites contained in §  245.111 or §  245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).

   (2)  The applicant’s name, address and telephone number.

   (3)  Other information necessary for a determination of whether the issuance of a certification conforms to the act and this chapter.

 (c)  An application for certification shall be received by the Department no later than 60 days prior to the announced date of the certification examination.

 (d)  An application must be complete upon submission.

 (e)  An applicant meeting the requirements of §  245.102(a)(4) or (b)(4) (relating to requirement for certification) will be granted admission to the certification examinations for which the applicant has requested certification and is qualified.

   The provisions of this §  245.104 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234680).

 (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 this chapter. Applicants who are authorized to take an examination are eligible to take the examination for up to 1 year from the date of authorization.

 (d)  To receive a passing grade on the examinations, the applicant for certification shall achieve a minimum score of 80% on each technical section and a minimum score of 80% on the administrative section of the examination.

 (e)  An applicant who fails an examination is eligible to retake the examination for up to 1 year from the failed examination test date, but no later than 18 months from date of authorization.

   The provisions of this §  245.105 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234680) to (234681).

 (a)  Except as provided in subsection (b), a certified inspector may not be one or more of the following:

   (1)  An employee of the tank owner, the tank owner or operator.

   (2)  A certified installer on the same tank handling activity for which he is a certified inspector.

   (3)  An employee of a company that employs a certified installer on the same tank handling activity for which he is a certified inspector, when the tank handling activity is performed on a field constructed storage tank. This prohibition extends to a company that owns, or is owned by, the employer, in whole or in part.

 (b)  A certified inspector who is a certified installer may conduct a tank handling activity to correct a deficiency identified by the same certified individual or company during an inspection of the operation of a storage tank facility. Notwithstanding this exception, subsection (a)(2) still prohibits a certified inspector from subsequently inspecting a tank handling activity which the certified inspector conducted to correct a deficiency noted in an inspection of the operation of a storage tank facility.

 (a)  A person holding a valid certification issued under the law of another state, territory or the District of Columbia may be issued a certificate in a classification equivalent to the classification of the certification issued by the other state, territory or District of Columbia, if the person proves to the satisfaction of the Department that he is competent to conduct activities in the classification for which certification is being requested. In making its determination, the Department will consider the following:

   (1)  That the other certification was issued as a result of the passing of an examination equivalent in technical content to that given by the Department for that classification.

   (2)  That the applicant can be shown to have complied with the laws and requirements of the state, territory or District of Columbia, issuing the other certification in conducting activities for which the other certification was issued.

   (3)  That the applicant meets the experience and qualification requirements of this chapter for the category of certification being requested.

   (4)  The applicant achieves a passing grade on all administrative sections of the certification examination required by this chapter for the category of certification being requested.

 (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 chapter.

   (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 and not in compliance with the act or this chapter.

     (ii)   Conduct, review or observe a test or inspection activity required by the act or this chapter.

     (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 or this chapter.

     (ii)   Conduct tank handling activities in accordance with the requirements of the act or this chapter.

     (iii)   Submit tank handling reports and activities to the Department within 30 days of conducting the tank handling activities. For tank handling activities involving multiple certified individuals and certification categories, the tank handling report shall be submitted within 30 days of the completion of all project tank handling and inspection 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, the Air Pollution Control Act 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.

   (10)  Failure to perform underground tightness testing activities and documentation in accordance with §  245.31 (relating to underground storage tank tightness testing requirements).

 (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.

   The provisions of this §  245.108 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234682) and (313737).

 (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 this chapter.

   (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.

   The provisions of this §  245.109 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735. Immediately preceding text appears at serial page (206971).

 (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 storage tank systems or storage tank facilities.

   (3)  Underground storage tank system-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 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. This category also covers the modification of tank components of an aboveground manufactured storage tank system.

   (8)  Aboveground field constructed storage tank-removal {AFR}. Removal from service of aboveground field constructed and manufactured aboveground 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 installation or modification of internal linings for underground and aboveground storage tank systems or storage tank facilities and the evaluation of underground storage tank linings as required in §  245.422(b)(1)(ii) (relating to upgrading of existing underground systems).

   The provisions of this §  245.110 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (313738) and (285725).

 (a)  An applicant shall meet the following minimum experience, education, training or certification requirements and have completed the required number of activities in the appropriate category for an initial installer category certification:

 (b)  The total number of activities completed required by subsection (a) shall have been completed within the 3-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. Noncertified individuals may work at the site but the certified installer is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.

 (c)  A college degree being substituted for experience shall be in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering or geotechnical engineering.

 (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.

 (e)  Except for UTT, the total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.

 (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)  The technical training required by subsection (a) shall be completed during the experience interval and shall be demonstrated through the submission of proof of successful completion of a category-specific training course approved by the Department in accordance with §  245.141. Successful completion means attendance at all sessions of the training and attainment of the minimum passing grade for the approved course. The requirement for category-specific technical training is effective November 10, 2008.

 (h)  The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).

   The provisions of this §  245.111 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; corrected January 6, 1995, effective December 24, 1994, 25 Pa.B. 17; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (285726) and (234687) to (234688).

 (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 and aboveground manufactured storage tank systems and storage tank facilities.

   The provisions of this §  245.112 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234688).

 (a)  An applicant shall meet the following minimum experience, education, training or certification requirements, and have completed the required number of activities in the appropriate category for an initial inspector category certification:

 (b)  The total number of activities completed required by subsection (a) shall have been completed within the 3-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 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).

 (g)  The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).

 (h)  Certified inspectors of underground storage tanks (IUM) shall complete Department-provided inspector training prior to conducting UST facility operation inspections required in §  245.411 (relating to inspection frequency).

   The provisions of this §  245.113 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234688) to (234690).

 (a)  Certification categories renewed after January 9, 2008, will have a uniform expiration date of 3 years from the issuance date of the first category after January 9, 2008.

 (b)  After the conversion to a uniform expiration date as provided in subsection (a), the issued certification will be valid for 3 years from the previous expiration date, unless suspended or revoked before that date.

 (c)  An applicant shall meet the following minimum training requirements or number of activities in the appropriate category for renewal of installer certification: