Subchapter C. PERMITTING OF UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS AND FACILITIES

§ 245.201. Scope.

 (a)  Except as provided in subsection (b), records, reports or other information submitted to the Department under this subchapter will be made available to the public for inspection or copying during regular business hours.

 (b)  The Department may, upon request, designate records, reports or other information as confidential when the person providing the information demonstrates the following:

   (1)  The information contains trade secret processes, operations, style of work or apparatus of a person or is otherwise confidential business information.

   (2)  The information is not emission, discharge or testing data or other information that relates to public health, safety, welfare or the environment.

 (c)  When submitting information under this subchapter, a person shall designate the information which the person believes is confidential or shall submit that information separately from other information being submitted.

 (d)  Information which the Department determines to be confidential under this section will not be made available to the public.

 (e)  This section does not prevent the disclosure of information submitted to the Department as part of a general or site specific permit application which meets one of the following:

   (1)  The Department is required to make the information available to the public as part of the permit application information.

 (a)  Except as provided in subsections (b)—(d), a person may not operate an aboveground or underground storage tank system or storage tank facility, or install a storage tank system or facility covered by §  245.231 (relating to scope), unless the person has first applied for and obtained a permit for the activity from the Department under this subchapter.

 (b)  A person is not required to submit a separate application for a permit if the storage tank system is subject to a permit-by-rule. The storage tank system must be registered with the Department in accordance with Subchapter A (relating to general provisions) and be maintained and operated in compliance with the standards and requirements of the Department under the act and this chapter. Failure to comply with standards could result in administrative or other Departmental actions against the storage tank owner/operator.

 (c)  A person may continue to operate an existing storage tank system, registered with the Department on or before October 11, 1997, when the tank system is operated for its intended use, until the Department notifies the person to submit a permit application under this subchapter or the Department notifies the person the tank system is deemed permitted, if the person maintains and operates the storage tank system in compliance with the act and this chapter.

 (d)  Operation of existing storage tank systems will be allowed to continue until the Department takes final action on the permit application requested in subsection (c) or the Department notifies the person that the tank system is deemed permitted or that the permit is withheld or denied.

 (e)  Operating permits will be renewed automatically on an annual basis concurrent with registration. There will be no additional fee or paperwork required beyond the registration requirements.

 (f)  The Department will automatically withhold or withdraw the operating permit for a storage tank that is reported under §  245.41 (relating to tank registration requirements) in temporary closure or temporary removal from service (out-of-service) status. The Department may renew the permit when an amended registration form is received showing the tank returning from temporary closure or temporary removal from service status to an operating status.

 (g)  A storage tank system may not be operated if the Department suspends, revokes or denies the tank operating permit. A person may not deliver or place a regulated substance in a storage tank if the Department suspends, revokes or denies the tank operating permit.

 (a)  Applications for a permit under this subchapter shall be submitted to the Department in writing, on forms provided by the Department.

 An application for a general or site specific permit shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official’s information and belief.

PERMITS-BY-RULE

§ 245.211. Scope.

 The following storage tank systems are subject to permit-by-rule for operation:

   (1)  Aboveground storage tank systems with a capacity less than or equal to 21,000 gallons, except highly hazardous substance storage tank systems.

   (2)  Underground manufactured storage tank systems storing petroleum.

 (a)  A storage tank system listed in §  245.211 (relating to scope) shall be deemed to have a permit-by-rule for operation if the following conditions are met:

   (1)  The storage tank system is properly registered.

   (2)  Tank handling and inspection activities are performed by Department certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

   (3)  If necessary, the corrective action process regulations in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) are followed.

   (4)  The storage tank system meets the applicable technical, administrative and operational requirements for underground tank systems specified in Subchapter E (relating to technical standards for underground storage tanks) or for aboveground tank systems specified in Subchapter G (relating to simplified program for small aboveground storage tanks).

   (5)  The owner of an underground storage tank system has met the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).

   (6)  If required, the owner submits a current Spill Prevention and Response Plan that meets the Department’s requirement under Chapter 9 of the act (35 P. S. § §  6021.901—6021.904).

 (b)  The owner/operator of a storage tank system who causes or allows violations of the act, regulations thereunder, an order of the Department, or a condition of a permit issued under the act is subject to administrative or other actions including suspension, modification or revocation of the permit.

GENERAL OPERATING PERMITS

§ 245.221. Scope.

 Applications for a general operating permit shall be submitted on a Department form. The application must certify the following:

   (1)  General requirements for all storage tank systems are as follows:

     (i)   The storage tank system is properly registered.

     (ii)   Tank handling and inspection activities are performed by Department-certified individuals, as specified in §  245.21 (relating to tank handling and inspection requirements) and Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

     (iii)   The storage tank system is in compliance with applicable administrative, technical and operational requirements as specified in Subchapter E, Subchapter F or Subchapter G (relating to technical standards for underground storage tanks; technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).

   (2)  In addition to the requirements of paragraph (1), an owner of an underground storage tank system shall meet the applicable financial responsibility requirements of Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).

   (3)  In addition to the requirements of paragraph (1), an owner of an aboveground storage tank system shall meet the following requirements:

     (i)   A current Spill Prevention Response Plan, that is in compliance with Chapter 9 of the act (35 P. S. § §  6021.901—6021.904), is filed with the Department.

     (ii)   For new tanks, proof that an appropriate tightness test of the aboveground tank system has been completed.

   The provisions of this §  245.222 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234700).

SITE-SPECIFIC INSTALLATION PERMITS

§ 245.231. Scope.

 (a)  Site-specific installation permits are required prior to the construction, reconstruction or installation of one or more of the following:

   (1)  New aboveground storage tank systems with a capacity greater than 21,000 gallons at an existing large aboveground storage tank facility.

   (2)  New large aboveground storage tank facilities.

   (3)  New highly hazardous substance tank systems.

   (4)  New underground field constructed storage tank systems.

 (b)  Site-specific installation permit applications meeting the requirements in § §  245.232(a)(1) and (2) and 245.236 (relating to general requirements; and public notice) are required to be approved prior to construction, reconstruction or installation. Additional application requirements include the following:

   (1)  Large aboveground storage tank system at a new facility or existing small aboveground tank facility requires compliance with §  245.232(a)(3) and (4) and (b).

   (2)  Large aboveground storage tank system at an existing large aboveground storage tank facility on new location requires compliance with §  245.232(a)(3) and (b).

   (3)  Large aboveground storage tank system at an existing large aboveground storage tank facility on the footprint of previous aboveground storage tank system requires compliance with §  245.232(b) and §  245.234(b) (relating to siting requirements).

   (4)  Small aboveground storage tank systems at a new large aboveground storage tank facility require compliance with §  245.232(a)(3) and (b).

 (c)  If the facility owner or operator can demonstrate that, on or before November 10, 2007, construction has commenced on an aboveground storage tank with a capacity greater than 30,000 gallons used or to be used for storing heating oil for consumptive use on the premises or on a tank regulated due to the addition of new regulated substances defined in §  245.1 (relating to definitions) (See ‘‘regulated substance’’ (i)(C)(I) and (II)), the requirements of this section will not apply.

   The provisions of this §  245.231 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234701).

 (a)  Applicants for site-specific permits shall provide the following:

   (1)  Certification that the tank handling and inspection activities will be performed by Department-certified individuals, as specified in Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

   (2)  Certification that the storage tank system will be in compliance with applicable administrative, technical and operational requirements as specified in Subchapters E—G (relating to technical standards for underground storage tanks; technical standards for aboveground storage tanks and facilities; and simplified program for small aboveground storage tanks).

   (3)  The information required by § §  245.233 and 245.234 (relating to mapping requirements; and siting requirements).

   (4)  The environmental assessment required by §  245.235 (relating to environmental assessment).

 (b)  In addition to the items required by subsection (a), owners of aboveground storage tank systems or facilities required to apply for a site-specific permit shall include:

   (1)  A current Spill Prevention Response Plan that is in compliance with Chapter 9 of the act (35 P. S. § §  6021.901—6021.904).

   (2)  Proof of notification to the municipality and county prior to submitting the application for a site-specific installation permit under section 1101(a) of the act (35 P. S. § §  621.1101(a)) and §  245.236 (relating to public notice). Acceptable proof of notification includes, but is not limited to, copies of letters sent to the affected municipality and county and legal notices published in a newspaper of general circulation in the area where the project is proposed.

 (c)  Applications for site-specific installation permits shall be accompanied by the proper fee required by section 304(c) of the act (35 P. S. §  6021.304(c)) for aboveground storage tanks and section 504(c) of the act (35 P. S. §  6021.504(c)) for underground storage tanks.

   The provisions of this §  245.232 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234701) to (234702).

 (a)  A site-specific permit application shall contain maps and plans of the proposed storage tank system or facility site showing the following:

   (1)  The boundaries for the proposed facility site.

   (2)  The location and names of public roads within or adjacent to the proposed facility site.

   (3)  The location of proposed monitoring wells.

   (4)  The municipality and county.

   (5)  The elevation and location of test borings and core samples.

   (6)  The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines including mine openings within the proposed permit site.

   (7)  Streams, lakes or surface watercourses located on or adjacent to the proposed permit site.

   (8)  The location and ownership of public or private groundwater supplies within 2,500 feet of the proposed permit site.

   (9)  Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit site.

 (b)  Maps, plans and cross sections required by this section shall be accurately surveyed and on a scale satisfactory to the Department, not less than 1 inch to 400 feet and in a manner satisfactory to the Department. The maps, plans and cross sections shall be prepared by a Pennsylvania registered professional engineer, Pennsylvania registered land surveyor or Pennsylvania registered professional geologist with assistance from experts in related fields.

 (a)  The Department will not issue a site-specific storage tank system or facility installation permit if:

   (1)  The installation of tank systems and facilities is proposed on 100-year floodplains or a larger area that the flood of record has inundated unless the industrial use on the proposed site was in existence as of August 5, 1989.

   (2)  The installation of tank systems and facilities is proposed in wetlands in a manner inconsistent with Chapter 105 (relating to dam safety and waterway management).

   (3)  The Department determines that construction design criteria or engineering specifications submitted by a professional engineer are not in accordance with generally accepted sound engineering practices or existing conditions at the site require mitigation to properly support the tank systems and the applicant’s proposed mitigation actions are not deemed adequate.

 (b)  The applicant shall provide the following additional information if appropriate:

   (1)  Over areas underlain by carbonate bedrock, the applicant shall provide information and analysis to the Department which assesses the prevalence of solution channels and the potential for sinkholes at the facility site.

   (2)  If any part of a proposed facility has been previously mined by deep mining methods, the applicant shall provide the results of an engineering study of the proposed site by a Pennsylvania-registered professional engineer or Pennsylvania-registered professional geologist. The study must be detailed enough to assess the potential for and degree of surface subsidence. The study must also include methods which have been used or will be used to stabilize the surface. The applicant shall provide assurance that minerals providing surface support will not be mined as long as the facility stores regulated substances.

   (3)  A professional engineer’s construction design criteria and engineering specifications necessary to mitigate surface or subsurface conditions which may result in excessive tank system settlement or unstable support of the applicant’s proposed tank systems.

   The provisions of this §  245.234 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234702) and (285727).

 (a)  An application for a site-specific permit must include an environmental assessment on a form prescribed by the Department.

 (b)  An environmental assessment in a permit application must include detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including air quality, water quality, threatened or endangered species and water uses. The applicant shall consider environmental features such as recreational river corridors, State and Federal parks, historic and archaeological sites, National wildlife refuges, State and Federal natural areas, prime farmland, wetlands, special protection watersheds designated under Chapter 93 (relating to water quality standards), public water supplies and other features deemed appropriate by the Department or the applicant.

 (c)  The Department will evaluate the assessment provided under subsection (a) to determine whether the proposed operation has the potential to cause environmental harm. The Department will consult with appropriate governmental agencies and potentially affected persons concerning potential environmental harm. If the Department determines that the proposed operation has that potential, it will notify the applicant in writing.

 (d)  If the Department or the applicant determines that the proposed operation may cause environmental harm, the applicant shall provide the Department with a written explanation of how it plans to mitigate the potential harm.

   The provisions of this §  245.235 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (285727) to (285728).

 The owner of a proposed new large aboveground storage tank facility or proposed aboveground storage tank system with greater than 21,000 gallons capacity or proposed new highly hazardous substance tank shall provide written notice to the local municipality and county in which the proposed aboveground system or facility is to be located prior to submitting a permit application.

 Upon submission to the Department of a permit application to construct a new large aboveground storage tank facility or a new highly hazardous substance storage tank system, the Department may hold a public hearing in the municipality or county in which the aboveground storage tank facility or highly hazardous substance tank system is proposed to be located.