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

§ 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:

 (d)  An applicant shall meet the following requirements in the appropriate category for renewal of inspector certification:

 (e)  Renewal of categories based on number of activities completed without technical training or examination as provided in subsection (c) will be a method of renewal until November 10, 2009.

 (f)  Technical and administrative training shall be obtained within 2 years prior to application submission.

   (1)  Administrative training will be provided by the Department. Administrative training in subsection (c) is required after November 10, 2009.

   (2)  Technical training is category-specific and must be approved by the Department in accordance with §  245.141 (relating to training approval).

 (g)  An applicant for renewal shall:

   (1)  Submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date or examination test date. Applicants who fail to submit a renewal application within 60 days following the expiration date shall meet the experience, qualifications and examination requirements for initial certification as required in §  245.111 or §  245.113 (relating to certified installer experience and qualifications; certified inspector experience and qualifications) and the requirements in §  245.105 (relating to certification examinations).

   (2)  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).

   (3)  Successfully complete training programs which may be required by the Department. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under §  245.141 for all sections of all qualifying tests given as part of the training course.

 (h)  A certified installer or certified inspector shall notify the Department and seek amendment of the certification from the Department whenever:

   (1)  There is a change in the information provided in the application for the certification. This request shall be made within 14 days from the date of a change in information.

   (2)  The certified installer or certified inspector wishes to conduct tank handling or inspection activities in installer or inspector certification categories other than those approved by the Department as set forth on the certification.

   (3)  The certified installer or certified inspector wishes to eliminate installer or inspector certification categories from the certification.

   (4)  The EQB amends certification categories or qualification requirements and establishes a phase-in period for the new requirements.

 (i)  Certified installers or certified inspectors required to amend their certifications in accordance with paragraph (1) or (3) shall apply for amendment on a form provided by the Department.

 (j)  Certified installers or certified inspectors required to amend their certifications in accordance with subsection (h)(2) shall comply with the applicable requirements of this chapter related to application, experience, qualifications and examination.

   The provisions of this §  245.114 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 (234690) to (234691).

   This section cited in 25 Pa. Code §  245.1 (relating to definitions); and 25 Pa. Code §  245.142 (relating to training courses).

COMPANY CERTIFICATION

§ 245.121. Certification of companies.

 A company may not employ a certified installer or certified inspector to perform tank handling, tightness testing or inspection activities unless the company holds a valid certification issued by the Department under this chapter and the company verifies that the certified installer or certified inspector holds a valid certification issued under this chapter for the appropriate category.

 (a)  Applications for certification shall be submitted to the Department on forms provided by the Department and include information that will enable the Department to determine if issuance of the certification conforms to the act and this chapter. The following information shall be included:

   (1)  The full name, address and telephone number of the company.

   (2)  The names held by the company within the previous 7 years.

   (3)  Information on previous certification revocations under § §  245.109 and 245.124 (relating to revocation of certification; and revocation of company certification) of company officers, the company and the company under a previous or fictitious name.

   (4)  Identification of industry or government licenses or certifications held by the company and the officers of the company relating to underground or aboveground storage tanks.

   (5)  The names and certification numbers of all certified installers and certified inspectors employed by the company.

   (6)  A statement signed by a person authorized to bind the company certifying that the company:

     (i)   Has obtained a copy of the act and this chapter.

     (ii)   Will comply with the act and this chapter and will direct the employees, principals and agents of the company to perform tank handling and inspection activities in a manner that is consistent with the act and this chapter.

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

 (b)  Applications shall be complete upon submission.

 (c)  The Department may not issue company certification if one or more of the following apply:

   (1)  The company is found to be in violation of the act or this chapter.

   (2)  The company certification was previously revoked under §  245.124.

   (3)  An officer of the company has had their individual certification revoked under §  245.109.

   (4)  An officer of the company was an officer in a company whose company certification was revoked under §  245.124 at the time the conduct resulting in revocation occurred.

 (a)  The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:

   (1)  A violation of the act or this chapter by the company or a certified installer or certified inspector employed by the company.

   (2)  Incompetency on the part of the company as evidenced by errors in executing duties and responsibilities for which the certification was issued.

   (3)  Failure to meet one or more of the standards of performance in §  245.132 (relating to standards of performance).

   (4)  A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which results in the following:

     (i)   Causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.

     (ii)   Occurs while conducting activities related to the installation, modification, removal from service or inspection of storage tank systems.

   (5)  Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.

   (6)  Failure to provide oversight of employee certification applications, tank handling and inspection reports.

   (7)  Submission of false information to the Department or tank owner.

   (8)  Failure to have a properly certified installer in direct onsite supervision and control of a tank handling activity.

 (b)  A certified company shall surrender certification documents to the Department upon notification of suspension.

 (c)  The Department may reinstate the certification if the following apply:

   (1)  The certified company and certified installers and certified inspectors employed by the certified company are competent to execute the duties and responsibilities for which certification was issued.

   (2)  The cause for the suspension has been removed.

 (d)  Suspension of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities during the suspension.

 (a)  The Department may revoke the certification of a certified company for one or more of the following conditions:

   (1)  A willful disregard for, or willful or repeated violations of the act or this chapter.

   (2)  The certification of an installer or inspector employed by the company is revoked.

   (3)  There has been a prior suspension of the certification.

   (4)  Willfully submitting false information to the Department.

 (b)  Revocation of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities.

 (c)  A certified company shall surrender certification documents to the Department upon notification of revocation.

   The provisions of this §  245.124 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (313739).

 (a)  Company certification shall be for 3 years from the date of issuance unless suspended or revoked before that date. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.

 (b)  A certified company shall notify the Department and file an amendment to its company certification on a form approved by the Department whenever there is a change in the information provided in the application for the certification. This form shall be submitted within 14 days of the date of a change in information.

   The provisions of this §  245.125 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (313739).

STANDARDS FOR PERFORMANCE

§ 245.131. Validity of certification.

 (a)  Certified companies, certified installers and certified inspectors shall:

   (1)  Maintain current technical and administrative specifications and manuals, Nationally-recognized codes and standards, and State and Federal regulations which pertain to the categories for which certification was issued. Nationally-recognized organizations are identified in § §  245.405, 245.504 and 245.604 (relating to codes and standards; and referenced organizations).

   (2)  Complete and submit to the Department, within 60 days of the inspection activity or 30 days of a tank handling activity, a Department-approved form certifying that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements of the act and this chapter and accurately describes the conditions of the storage tank system and facility. 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.

   (3)  Maintain complete records of tank handling and inspection activities, nondestructive examination and testing results and tightness testing records for a minimum of 10 years.

   (4)  Report to the Department a release of a regulated substance or confirmed or suspected contamination of soil, surface or groundwater from regulated substances observed while performing services as a certified installer or certified inspector. This notification shall be submitted to the Department in writing within 48 hours of observing suspected or confirmed contamination on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, a copy of the test results shall also be provided to the Department with the notification report. When there is a reportable release, the notification may be submitted jointly by the owner, operator, certified installer and certified inspector. In this instance, the written notification report shall be submitted to the Department, at the appropriate regional office, in accordance with §  245.305 (relating to reporting releases).

   (5)  Perform certified installer or certified inspector activities so that there is no release of regulated substances or contamination of soil, surface or groundwater caused by regulated substances from a storage tank system or storage tank facility.

   (6)  Not affix the certified installer’s or certified inspector’s signature or certification number to documentation concerning the installation or inspection of a component of a storage tank system project or to documentation concerning tank handling or inspection activity, unless:

     (i)   The storage tank system project was accomplished by the certified installer or under the installer’s direct, onsite supervision and control.

     (ii)   Inspection activities were conducted on the storage tank system project by the certified inspector, or under the inspector’s direct, onsite supervision and control and as required by the act and this chapter and the certified inspector was present at the site during the conducting of inspection activities on the storage tank system project and as required by the act and this chapter.

     (iii)   Installation or modification inspection activities were conducted on a large or field constructed aboveground storage tank and the certified inspector was involved prior to the initiation of the project and was present at critical times, so that the inspector can reliably determine that the following requirements were met:

       (A)   Industry standards and project specifications were followed throughout the tank handling activity.

       (B)   Appropriate testing and nondestructive examinations were properly conducted.

       (C)   The tank is suitable for operational service.

   (7)  Not certify to an owner or operator or the Department that a storage tank system project or component thereof is complete unless it complies with the act or this chapter. Project certification applies to both certified activities and nontank handling activities that may have been performed as part of the project.

   (8)  Adhere to equipment manufacturer’s instructions, accepted industry standards and applicable industry codes of practice when performing tank handling, tightness testing or inspection activities or other nontank handling activities on the project.

   (9)  Provide requested records and documentation to the Department under section 107(c) of the act (35 P. S. §  6201.107(c)).

 (b)  A certified installer or certified inspector shall display a certification identification card or certificate upon request.

 (c)  A certified company is responsible for employees having appropriate safety and technical training. Certified companies, certified installers and certified inspectors shall adhere to health and safety procedures, such as those required by the Federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

   The provisions of this §  245.132 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 (313740) and (234695).

   This section cited in 25 Pa. Code §  245.31 (relating to underground storage tank tightness testing requirements); 25 Pa. Code §  245.108 (relating to suspension of certification); 25 Pa. Code §  245.114 (relating to renewal and amendment of certification); and 25 Pa. Code §  245.123 (relating to suspension of company certification).

TRAINING APPROVAL

§ 245.141. Training approval.

 (a)  Providers of training for which approval is required under this chapter shall, at least 120 days prior to the scheduled date of the training program, request approval from the Department for the training program.

 (b)  An application for approval must include the following information:

   (1)  The name and address of the person offering the training.

   (2)  The title of the course.

   (3)  The name, title, affiliation and professional background of each course instructor and a detailed outline of the course which includes a description of the subject matter to be presented, the order of presentation and the amount of time scheduled for the presentation.

   (4)  A narrative describing the preparation and administration of a test to be given at the conclusion of the course. This test must test the participant’s knowledge of the technical, administrative and legal requirements related to the subject matter of the course. The narrative must also describe a procedure for conducting and grading of the test that assures careful monitoring and expeditious transmission of test results to the applicant and the Department.

 (c)  Training approval shall be for 3 years from the date of issuance. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.

 (d)  The Department may approve industry recognized training without the submission of an application as provided in subsection (a).

   The provisions of this §  245.141 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234695) to (234696).

 (a)  Technical training for initial category-specific certification in §  245.111 (relating to certified installer experience and qualifications) must be based on Nationally-recognized codes and standards in conjunction with manufacturers specifications.

 (b)  Technical training for renewal of category-specific certification in §  245.114(c) (relating to renewal and amendment of certification) must at a minimum review the technical and regulatory material appropriate for the certification category.

   The provisions of this §  245.142 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.