Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

25 Pa. Code § 245.435. Reporting and recordkeeping.

§ 245.435. Reporting and recordkeeping.

 (a)  Owners and operators of underground storage tank systems shall maintain records as required under this chapter and provide records, as requested, and cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors. Owners and operators shall provide records and cooperate fully in response to requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act (35 P.S. §  6021.107(c)).

 (b)  Owners and operators shall maintain required records either onsite at the storage tank facility or at a readily available alternative site. Records maintained at the storage tank facility shall be immediately available for inspection by the Department and certified inspectors. If records are maintained offsite, the records shall be easily obtained and provided for inspection or for review by the Department upon request.

 (c)  Reporting. Owners and operators shall submit the following applicable information to the Department:

   (1)  Notification in accordance with §  245.41 (relating to tank registration requirements) for underground storage tank systems, including change of ownership, closure of an underground storage tank system, change of substance stored and change of tank status, and certification of installation for new underground storage tank systems (§  245.421(c) (relating to performance standards for underground storage tank systems)).

   (2)  Reports of confirmed releases (§  245.305(c) (relating to reporting releases)).

   (3)  A site characterization report (§  245.310 (relating to site characterization report)).

   (4)  Remedial action plans (§  245.311 (relating to remedial action plan)), remedial action progress reports (§  245.312 (relating to remedial action)) and remedial action completion reports (§  245.313 (relating to remedial action completion report)).

   (5)  A notification before installation, permanent closure or change-in-service of a storage tank or storage tank system (§  245.421(a)(2) and §  245.452(a) (relating to permanent closure and changes-in-service)).

   (6)  In the case of permanent closure, closure records to the Department when requested.

 (d)  Recordkeeping. Owners and operators shall maintain all of the following records for underground storage tank systems for the operational life of the system and retain the records for a minimum of 1 year after the underground storage tank system has been permanently closed:

   (1)  A corrosion expert’s analysis of site corrosion potential if corrosion protection equipment is not used (§  245.421(b)(1)(iv) and (2)(iii) and §  245.422(b)(2)(iv) and (c)(3) (relating to upgrading of existing underground storage tank systems)).

   (2)  The corrosion expert’s design of an impressed current system or field-installed cathodic protection system or similar information that demonstrates compliance with § §  245.421(b)(2)(ii)(B) and 245.422(b)(2) and (c)(2).

   (3)  Documentation of underground storage tank system installation, modification and upgrade activities.

   (4)  Underground storage tank system assessment records prior to upgrading in accordance with §  245.422(b).

   (5)  Documentation of the installation testing and commissioning reports required for corrosion protection systems by manufacturers and National standards in accordance with §  245.432 (relating to operation and maintenance including corrosion protection).

   (6)  Documentation of underground storage tank system repairs.

   (7)  Tank lining evaluation reports (§  245.432(d)).

   (8)  Documentation showing Department approval for a variance or alternate leak detection method (§ §  245.404 and 245.443 (relating to variances; and requirements for hazardous substance underground storage tank systems)).

   (9)  Documentation showing the owner or operator of an underground storage tank system is continuously participating in the USTIF.

   (10)  The current Storage Tank Registration/Permit Certificate.

   (11)  Tank and piping release detection records for the past 12 months, including written certifications or performance claims for the release detection methods in use (§  245.446 (relating to release detection recordkeeping)).

   (12)  The last annual check/testing, and maintenance records of leak detection equipment including probes, monitors, line leak detectors and automatic tank gauges that verify they are working properly and tested as required by the equipment manufacturers and this chapter.

   (13)  Documentation of the last three impressed current cathodic protection system checks for each 60-day period in accordance with §  245.432.

   (14)  The last two cathodic protection surveys, done at 3-year intervals, on impressed current and galvanic cathodic protection systems in accordance with §  245.432.

   (15)  Results of the site investigation conducted at permanent closure or change-in-service (§  245.455 (relating to closure records)).

   (16)  A properly completed closure report required under §  245.452(f).

   (17)  Documentation of the last test that demonstrates each containment sump and spill prevention equipment installed or repaired after November 10, 2007, were tested and verified to be liquid-tight in accordance with §  245.421(b)(4) and §  245.434(4) (relating to repairs allowed).

   (18)  Documentation of operator training, including verification of training for current Class A, Class B and Class C operators, current list of operators and written instructions or procedures for Class C operators in accordance with §  245.436 (relating to operator training).

   (19)  For owners and operators conducting periodic testing of containment sumps and spill prevention equipment and evaluations of overfill prevention under §  245.437 (relating to periodic testing), documentation of the last test for the containment sump and spill prevention equipment and evaluation of the overfill prevention equipment.

   (20)  For owners and operators conducting periodic testing of containment sumps and spill prevention equipment under §  245.437(a)(1)(i), documentation showing that the equipment is double-walled and the integrity of both walls is periodically monitored in accordance with §  245.438(a)(1)(i) (relating to periodic operation and maintenance walkthrough inspections) for as long as the equipment is monitored by walkthrough inspection.

   (21)  Records of walkthrough inspections as required under §  245.438 for the past 12 months. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

   (22)  Documentation of investigations of suspected releases in accordance with §  245.304 (relating to investigation and reporting of suspected releases).

Source

   The provisions of this §  245.435 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7190; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331076) and (347253) to (347254).

Cross References

   This section cited in 25 Pa. Code §  245.432 (relating to operation and maintenance including corrosion protection); 25 Pa. Code §  245.436 (relating to operator training); 25 Pa. Code §  245.446 (relating to release detection recordkeeping); 25 Pa. Code §  245.451 (relating to temporary removal from service (out-of-service)); and 25 Pa. Code §  245.455 (relating to closure records).



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