Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS

§ 245.401. Purpose.

 (a)  General. The requirements of this subchapter apply to owners and operators, as well as installers and inspectors of underground storage tank systems as defined in §  245.1 (relating to definitions), except as otherwise provided in subsection (b).

 (b)  Deferrals. Sections 245.441—245.446 (relating to release detection) do not apply to an underground storage tank system that stores fuel solely for use by emergency power generators.

 (c)  Temporary exclusions. Existing tanks that become regulated due to the addition of new regulated substances in §  245.1 ((relating to definitions) (See the definition of ‘‘regulated substance’’ (i)(C)(I) and (II))) are subject to this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the requirements of § §  245.421, 245.422, 245.431, 245.432 and 245.441—245.446, until November 10, 2010.

 When unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner/operator of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:

   (1)  A variance may only be granted when the storage tank system meets alternative technical standards that fully protect human health and the environment.

   (2)  A written application for a variance shall be submitted to the Department and provide the following information:

     (i)   The facility name and identification number for which the variance is sought.

     (ii)   The specific sections of this subchapter from which a variance is sought.

     (iii)   The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.

     (iv)   Evidence, including plans, specifications and test results, which supports an alternative design, practice, schedule or method as being no less protective of human health and the environment than the requirements of the sections identified in subparagraph (ii).

   (3)  New technologies may be granted a variance. New technologies shall be reviewed and documented by a professional engineer and documentation provided to the Department with the variance request.

   (4)  When granting the variance, the Department may impose specific conditions necessary to ensure the adequate protection of human health and the environment.

   (5)  The Department will provide to the applicant a written notice of approval, approval with additional conditions or denial. Granted variances will be published in the Pennsylvania Bulletin.

   (6)  The Department may not grant any variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 37 Pa. Code Chapter 11 (relating to flammable and combustible liquids; preliminary provisions) and 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).

   The provisions of this §  245.404 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234723).

 (a)  The following Nationally-recognized associations and their codes and standards shall be used in conjunction with manufacturer’s specifications to comply with this subchapter:

   (1)  American Concrete Institute (ACI).

   (2)  American National Standards Institute (ANSI).

   (3)  American Petroleum Institute (API).

   (4)  American Society for Testing and Materials (ASTM).

   (5)  Association of Composite Tanks (ACT).

   (6)  Fiberglass Petroleum Tank and Pipe Institute.

   (7)  NACE International—The Corrosion Society (NACE).

   (8)  National Fire Protection Association (NFPA).

   (9)  National Leak Prevention Association (NLPA).

   (10)  Petroleum Equipment Institute (PEI).

   (11)  Steel Tank Institute (STI).

   (12)  Underwriters Laboratory (UL).

 (b)  The most current or latest edition of the codes and standards shall be applied when used to meet the technical standards and requirements of this subchapter. Other Nationally-recognized associations and their codes and standards not referenced in this part may also be used to comply with this subchapter, when approved by the Department.

 (c)  When Nationally-recognized codes and standards or manufacturer’s specifications are updated, facilities or storage tank systems installed to previously existing standards prior to the update will not automatically be required to be upgraded to meet the new standards, unless specifically required in the revised standards or by the Department.

 (d)  Regulatory requirements shall prevail over Nationally-recognized codes and standards whenever there is a conflict.

   The provisions of this §  245.405 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234723) to (234724).

   This section cited in 25 Pa. Code §  245.132 (relating to standards of performance); and 25 Pa. Code §  245.432 (relating to operation and maintenance including corrosion protection).

FACILITY INSPECTIONS

§ 245.411. Inspection frequency.

 (a)  Inspection of tanks. Underground storage tank owners or operators shall have their underground storage tank facility inspected by a certified inspector at the frequency established in subsections (b)—(d). The inspection must include, but not be limited to, release detection, assessment of the underground storage tank system and ancillary equipment, operation of overfill and spill prevention equipment where practicable, corrosion protection testing, or verification that corrosion protection is functional, and release prevention measures.

 (b)  Initial inspections.

   (1)  Storage tank facilities with tank systems installed prior to December 1989, shall be inspected prior to October 11, 1999.

   (2)  Newly installed storage tank systems shall be inspected between 6 to 12 months after installation. If the facility ownership changes, an inspection of the facility shall be completed between the first 6 to 12 months of operation unless another time frame is agreed to by the Department.

   (3)  Storage tank facilities not inspected in accordance with paragraph (1) or (2) shall have an initial inspection by October 11, 2002.

 (c)  Subsequent routine facility inspections.

   (1)  The interval between subsequent routine facility inspections may not exceed 3 years (36 months) commencing after the last inspection, except as provided in the phase-in periods in paragraph (2).

   (2)  On November 10, 2007, existing facilities with routine inspections scheduled more than 3 years from this date shall be inspected by the following dates, unless notified otherwise by the Department:

     (i)   Before August 8, 2008, if currently scheduled for inspection between November 10, 2010, and August 7, 2011, inclusive.

     (ii)   Before August 8, 2009, if currently scheduled for inspection between August 8, 2011, and August 7, 2013, inclusive.

     (iii)   Before August 8, 2010, if currently scheduled for inspection after August 7, 2013.

 (d)  Additional inspections and mandatory training. Inspections in addition to those in subsections (b) and (c) may be required by the Department when the prior inspection determined release detection, corrosion protection or operational violations occurred, or when the Department determines the inspections are necessary to verify compliance with this subchapter. The Department may require facility owners and operators to successfully complete a release detection or operator training course, such as those offered by PEI or professional industry trainers approved under §  245.141 (relating to training approval), when related violations are documented through an inspection. The owner or operator shall incur the costs of the training.

   The provisions of this §  245.411 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234724).

   This section cited in 25 Pa. Code §  245.113 (relating to certified inspector experience and qualifications); and 25 Pa. Code §  245.451 (relating to temporary closure (out-of-service)).

UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION

§ 245.421. Performance standards for underground storage tank systems.

 (a)  New underground storage tank systems.

   (1)  Underground storage tank systems installed or replaced after November 10, 2007, must have total secondary containment, which consists of double-walled tanks, double-walled piping (for piping that routinely contains and conveys regulated substances (product)) and liquid-tight containment sumps. The sumps must be installed at piping connections that routinely contain and convey product from the tank, such as tank-top sumps and dispenser pan sumps, that allow for release detection monitoring of the system (See PEI RP 100). Also, new or replacement tank systems installed with pressurized product piping systems must be equipped with automatic line leak detectors and automatic pump shutoff devices that meet the requirements of §  245.445(1) (relating to methods of release detection for piping).

   (2)  At least 30 days prior to the installation of a new or replacement tank or underground storage tank system installed after January 9, 2008, or within another reasonable time agreed upon by the Department, owners and operators shall notify the Department of the proposed installation on a form provided by the Department.

   (3)  An owner or operator of a tank system changing from unregulated to regulated service shall provide certification by a Department-certified installer or inspector that the tank system meets new tank system requirements, using the registration form (See §  245.41 (relating to tank registration requirements)) prior to placing product into the tank and operating the storage tank system.

 (b)  To prevent releases due to structural failure, corrosion or spills and overfills for as long as the underground storage tank system is used to store regulated substances, owners and operators of new and existing underground storage tank systems shall ensure that the system meets the following requirements:

   (1)  Tanks. A tank must be properly designed and constructed. A tank or portion of a tank including the outer metallic wall of a double-walled tank that is underground and routinely contains product shall be protected from corrosion in accordance with a code of practice developed by a Nationally-recognized association or independent testing laboratory, using one of the following methods:

     (i)   The tank is constructed of fiberglass-reinforced plastic.

     (ii)   The tank is constructed of steel and cathodically protected in the following manner:

       (A)   The tank is coated with a suitable dielectric material.

       (B)   Field-installed cathodic protection systems are designed by a corrosion expert.

       (C)   Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in §  245.432(a)(3) (relating to operation and maintenance including corrosion protection).

       (D)   Cathodic protection systems are operated and maintained in accordance with §  245.432.

     (iii)   The tank is constructed of a steel-fiberglass-reinforced-plastic composite.

     (iv)   The tank is constructed of metal without additional corrosion protection measures if:

       (A)   The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.

       (B)   Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the tank.

   (2)  Piping. The piping and ancillary equipment that routinely contain regulated substances shall be protected from corrosion and deterioration. New piping systems that routinely contain and convey regulated substances from the tank must be double-walled with liquid-tight containment sumps and dispenser pan sumps installed in accordance with paragraph (4)(ii). Whenever more than 50% of the existing piping that routinely contains and conveys product from the tank is replaced, the entire piping system that routinely contains and conveys product from the tank shall be replaced meeting the requirements for new piping systems in this subsection. The portions of the product piping system, including joints, flexible connectors and ancillary equipment that are in contact with the ground must be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a Nationally-recognized association or independent testing laboratory using one of the following methods:

     (i)   The piping or component is constructed of nonmetallic material such as fiberglass reinforced plastic or other noncorrodible and UL listed material.

     (ii)   The piping or component is constructed of metal and cathodically protected in the following manner:

       (A)   The piping is coated with a suitable dielectric material. The wrapping of piping with tape or similar material alone does not meet this requirement.

       (B)   Field-installed cathodic protection systems are designed by a corrosion expert.

       (C)   Impressed current systems are designed by a corrosion expert and allow determination of current operating status as required in §  245.432(a)(3).

       (D)   Cathodic protection systems are operated and maintained in accordance with §  245.432.

     (iii)   The piping is constructed of metal without additional corrosion protection measures if:

       (A)   The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.

       (B)   Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the piping.

   (3)  Spill and overfill prevention equipment.

     (i)   Except as provided in subparagraph (iv), to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators shall ensure that their systems have the following spill and overfill prevention equipment:

       (A)   Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe—for example, a spill catchment basin or spill containment bucket.

       (B)   Overfill prevention equipment that will do one or more of the following:

         (I)   Automatically shut off flow into the tank when the tank is no more than 95% full.

         (II)   Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm.

         (III)   Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm 1 minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

     (ii)   Bypassing overfill protection is prohibited for example, bypassing the flow vent valve with coax vapor recovery or a spill bucket drain valve is prohibited.

     (iii)   Ball float valves may not be used on suction pump systems having an air eliminator, or on any system having coaxial stage-1 vapor recovery systems or receiving pressurized pump deliveries.

     (iv)   Owners and operators are not required to use the spill and overfill prevention equipment specified in subparagraph (i) if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.

   (4)  Installation.

     (i)   Tanks and piping shall be properly installed and system integrity tested in accordance with a code of practice developed by a Nationally-recognized association or independent testing laboratory such as API 1615 and PEI RP100, and in accordance with the manufacturer’s instructions.

     (ii)   Newly installed spill containment buckets, tank-top sumps, dispenser pans and containment sumps must be constructed to be liquid-tight, and shall be tested prior to use of the system to confirm liquid-tight construction using a hydrostatic test, vacuum test or other Nationally- recognized liquid-tight testing procedure or method recommended by the containment equipment manufacturer.

     (iii)   Overfill prevention equipment shall be properly installed and tested in accordance with a code of practice developed by a Nationally-recognized association, and in accordance with manufacturer’s instructions. When ball float valves are used, the valve shall be installed with extractor fitting and ball floats must be readily accessible (not requiring excavation) for removal and operational verification.

 (c)  Certification of installation. Owners and operators shall ensure that a certified installer has installed the tank system by providing a certification of compliance on an appropriate form provided by the Department.

   The provisions of this §  245.421 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234724) to (234726).

 (a)  Alternatives allowed. By December 22, 1998, existing underground storage tank systems shall comply with one of the following requirements:

   (1)  Underground storage tank system performance standards under §  245.421(b) (relating to performance standards for underground storage tank systems).

   (2)  The upgrading requirements in subsections (b)—(d).

   (3)  Closure requirements under § §  245.451—245.455 (relating to out-of-service underground storage tank systems and closure), including applicable requirements for corrective action under Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).

 (b)  Tank upgrading requirements. Steel tanks shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a Nationally- recognized association or independent testing laboratory:

   (1)  Interior lining. A tank may only be upgraded by internal lining prior to November 10, 2007. The following conditions of existing lined tanks shall be met:

     (i)   The lining was installed in accordance with §  245.434 (relating to repairs allowed).

     (ii)   Within 10 years after lining, and every 5 years thereafter, the lined tank is internally evaluated by, or under the direct onsite supervision of a certified tank liner (TL) or by a professional engineer adhering to the evaluation process developed by a National association (See API 1631 and NLPA 631) and found to be structurally sound with the lining still performing in accordance with original design specifications. The evaluation findings shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank’s operating life.

     (iii)   Lined tank systems that do not meet original design specifications or have not been evaluated as required in subparagraph (ii) shall be emptied, removed from service, and permanently closed in accordance with § §  245.451 and 245.452 (relating to temporary closure; and permanent closure and changes-in-service).

   (2)  Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of §  245.421(1)(ii)(B)—(D) and the integrity of the tank is ensured using one or more of the following methods:

     (i)   The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system.

     (ii)   The tank has been installed for less than 10 years and is monitored monthly for releases in accordance with §  245.444(4)—(9) (relating to methods of release detection for tanks).

     (iii)   The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of §  245.444(3). The first tightness test shall be conducted prior to installing the cathodic protection system. The second tightness test shall be conducted between 3 and 6 months following the first operation of the cathodic protection system.

     (iv)   The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators shall maintain records that demonstrate compliance with this requirement for the remaining life of the tank.

     (v)   The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than subparagraphs (i)—(iii).

   (3)  Internal lining combined with cathodic protection. A tank upgraded prior to November 10, 2007, having both internal lining and cathodic protection must meet the following:

     (i)   The lining was installed in accordance with the requirements of §  245.434.

     (ii)   The cathodic protection system meets §  245.421(b)(1)(ii)(B)—(D).

 (c)  Piping upgrading requirements. Metal piping and fittings that routinely contain regulated substances and are in contact with the ground must be one or more of the following: (1)

   Replaced with piping meeting the requirements of new piping in §  245.421(b)(2)(i) and (ii).

   (2)  Cathodically protected in accordance with a code of practice developed by a Nationally-recognized association or independent testing laboratory and meets the requirements of §  245.421(b)(2)(ii)(B)—(D).

   (3)  Installed at a site that is determined to not be corrosive enough to cause a release due to corrosion for the remaining operating life of the piping under §  245.421(b)(2)(iii).

 (d)  Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the underground storage tank system, existing underground storage tank systems must comply with new underground storage tank system spill and overfill prevention equipment requirements in §  245.421(b)(3) and (4).

 (e)  Under dispenser containment. When a vertical riser, dispenser and interconnected piping and fittings are added to a storage tank system or replaced, the dispenser must have containment (liquid-tight dispenser pan) meeting requirements in §  245.421(b)(4)(ii).

   The provisions of this §  245.422 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234727) to (234728).

 (a)  An underground storage tank shall be registered with the Department prior to adding a regulated substance. The owner of a tank that was in use after May 8, 1986, shall have notified the Department of the system’s existence.

 (b)  Owners required to submit notices under subsection (a) shall provide notices to the Department for each tank they own. Owners may provide notice for several tanks using one registration form, but owners who own tanks located at more than one facility shall file a separate registration form for each separate facility.

 (c)  Notices required to be submitted under subsection (a) shall provide all of the requested information on the registration form for each tank for which notice is required to be given.

 (d)  Owners and operators of new underground storage tank systems shall certify compliance with the following requirements in the registration form provided by the Department:

   (1)  Installation of tanks and piping under §  245.421(c) (relating to performance standards for new underground storage tank systems).

   (2)  Cathodic protection of steel tanks and piping under §  245.421(b)(1) and (2).

   (3)  Financial responsibility under Subchapter H (relating to financial responsibility requirements for owners and operators of underground storage tanks and storage tank facilities).

   (4)  Release detection under § §  245.442 and 245.443 (relating to requirements for petroleum underground storage tank systems; and requirements for hazardous substance underground storage tank systems).

   (5)  Use of a Department-certified installer under §  245.21 (relating to tank handling and inspection requirements).

 (e)  Beginning October 24, 1988, a person who sells a tank intended to be used as an underground storage tank or a property containing an existing tank system shall notify the purchaser, in writing, of an owner’s obligations under subsection (a). The following form may be used to comply with this requirement:

 Federal law (the Resource Conservation and Recovery Act) and Commonwealth law (the Storage Tank and Spill Prevention Act) require that the owner of a regulated underground storage tank notify the Pennsylvania Department of Environmental Protection of the existence of its tank.

 Notification for tanks brought into service after August 5, 1989, must be made prior to placing the tank system into service. Consult EPA 40 CFR Part 280 and PA Code Title 25 Chapter 245 to determine if you are affected by these laws.

 (f)  Every owner, including a new owner of an existing tank system, shall comply with tank registration requirements in Subchapter A (relating to general provisions).

   The provisions of this §  245.423 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234728) to (234729).

 Field constructed tanks shall meet or exceed the technical requirements of a manufactured tank containing the same regulated substance. The system shall also:

   (1)  Be designed by a professional engineer having training and experience in the construction of underground storage tank systems.

 A storage tank removed from the ground may be reused as a regulated underground storage tank under the following circumstances:

   (1)  The tank was properly closed in accordance with §  245.452 (relating to permanent closure and changes-in-service) at the site where previously used.

   (2)  The tank is installed at the new site by a certified installer.

   (3)  The new installation meets the requirements of §  245.421 (relating to performance standards for underground storage tank systems).

   (4)  The tank is compatible with the substance to be stored in accordance with § §  245.2(c) and 245.433 (relating to general; and compatibility).

   (5)  Either the manufacturer, a person certified by the manufacturer or a registered professional engineer warrants that the tank meets the requirements of §  245.421(b)(1).

   The provisions of this §  245.425 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234730).

GENERAL OPERATING REQUIREMENTS

§ 245.431. Spill and overfill control.

 (a)  Owners and operators shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

 (b)  The owner and operator shall report, investigate and clean up spills and overfills in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).

 (a)  Owners and operators of steel underground storage tank systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store regulated substances:

   (1)  Corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances.

   (2)  Underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

     (i)   Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.

     (ii)   Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a Nationally-recognized association.

   (3)  Underground storage tank systems with impressed current cathodic protection systems shall be inspected or checked every 60 days to ensure the equipment is running properly. At a minimum, the operator or person conducting the 60-day check shall document the date checked, annotate the system’s functioning status, and for systems equipped with a direct current readout meter, record the amount of current indicated on the meter.

   (4)  For underground storage tank systems using cathodic protection, records of the operation of the cathodic protection shall be maintained, in accordance with §  245.435 (relating to reporting and recordkeeping) to demonstrate compliance with the performance standards in this section. These records must provide the following:

     (i)   The results of the last three inspections required in paragraph (3).

     (ii)   The results of testing from the last two inspections required in paragraph (2).

 (b)  Monitoring and observation wells shall be clearly identified using industry codes and standards, and caps shall be secured to prevent unauthorized or accidental access.

 (c)  Required equipment, including line leak detectors, product sensors and probes, dispenser pans, containment sumps, measuring devices (including gauge sticks), gauges, corrosion protection, spill prevention, overfill prevention and other appurtenances whose failure could contribute to a release of product, shall be maintained in a good state of repair to ensure they function as designed.

 (d)  Tanks which have been lined and have not had corrosion protection added in accordance with §  245.422(b)(2) (relating to upgrading of existing underground storage tank systems) shall have the lining evaluated by, or under the direct onsite supervision of, a TL certified tank installer or by a professional engineer.

   (1)  Evaluations must adhere to an evaluation process developed by a National association identified in §  245.405 (relating to codes and standards) (See API 1631 and NLPA 631) as follows:

     (i)   Ten years after lining installation.

     (ii)   Every 5 years after the preceding evaluation.

   (2)  Each evaluation finding shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank’s operating life.

 (e)  Lined tank systems that do not meet original design specifications or have not been evaluated as required in subsection (d)(1) and (2) shall be emptied, removed from service and permanently closed in accordance with § §  245.451 and 245.452 (relating to temporary closure; and permanent closure and changes-in-service).

 (f)  Primary and secondary containment structure must be maintained in a leak free condition. If infiltration or a release is detected within the secondary containment, the defective component shall be repaired in accordance with §  245.434 (relating to repairs allowed). Repairs, including those performed to stop infiltration, shall be tested in accordance with §  245.434(5).

 (g)  A check for water in petroleum tanks shall be performed monthly and excess water shall be promptly removed as necessary. Water may not exceed the tank manufacturer’s recommendations, product supplier’s guidelines, or 2 inches of accumulation in the bottom of the tank, whichever is less. No amount of water is desirable in gasoline containing ethanol. Therefore, water should not be allowed to accumulate in tanks containing ethanol. Excess water shall be properly managed in accordance with applicable State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste), 40 CFR 261, Subpart B (relating to hazardous waste identification) and 29 CFR 1910 (relating to occupational safety and health standards).

   The provisions of this §  245.432 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234730) to (234731).

 Owners and operators shall use an underground storage tank system, made of or lined with materials, that is compatible with the substance stored in the underground storage tank system. Owners and operators storing alcohol blends may use the following codes to comply with the requirements of this section:

   (1)  American Petroleum Institute Publication 1626, ‘‘Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations.’’

   (2)  American Petroleum Institute Publication 1627, ‘‘Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations.’’

 Owners and operators of underground storage tank systems shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store regulated substances. The repairs must meet the following requirements:

   (1)  Repairs involving a tank handling activity shall be performed by or under the direct, onsite supervision and control of a certified installer.

   (2)  Repairs to underground storage tank systems shall be properly conducted in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.

   (3)  Repairs to fiberglass reinforced plastic tanks may be made by the manufacturer’s authorized representatives, and shall be made in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.

   (4)  Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Fiberglass pipes and fittings may be repaired; repairs shall be made in accordance with the manufacturer’s specifications.

   (5)  Tanks, containment sumps, and piping repaired in response to a release shall be tightness tested in accordance with § §  245.421(b)(4)(ii), 245.444(3) and 245.445(2) (relating to performance standards for underground storage tank systems; methods of release detection for tanks; and methods of release detection for piping), respectively, prior to placing the system back into service except as provided as follows:

     (i)   The repaired tank is internally inspected in accordance with a code of practice developed by a Nationally-recognized association or an independent testing laboratory.

     (ii)   The repaired portion of the underground storage tank system is monitored monthly for releases in accordance with a method specified in §  245.444(4)—(9).

     (iii)   Another test method is used that is determined by the Department to be at least as protective of human health and the environment as those listed in subparagraphs (i) and (ii).

   (6)  Within 6 months following the repair of a cathodically protected underground storage tank system, the cathodic protection system shall be tested in accordance with §  245.432(a)(2) and (3) (relating to operation and maintenance including corrosion protection) to ensure that it is operating properly.

   (7)  Underground storage tank system owners and operators shall maintain records of each repair, including those in response to a release, for the remaining operating life of the underground storage tank system.

   The provisions of this §  245.434 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234732) to (234733).

 (a)  Owners and operators of underground storage tank systems shall cooperate fully with inspections, monitoring and testing conducted by the Department, certified installers or certified inspectors, as well as requests for document submission, testing and monitoring by the owner or operator under section 107(c) of the act (35 P. S. §  6201.107(c)).

 (b)  Owners and operators shall maintain required records either onsite at the underground storage tank facility or at a readily available alternative site. Records maintained at the underground 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.

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

     (i)   Notification in accordance with §  245.41 (relating to tank registration requirements) for underground storage tank systems, including change of ownership, closure of a 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)).

     (ii)   Reports of confirmed, reportable releases (§  245.305(d) (relating to reporting releases)).

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

     (iv)   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)).

     (v)   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)).

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

   (2)  Permanent recordkeeping. Owners and operators shall maintain records for new systems and available records for existing systems for the operational life of the tank system and retain the records for a minimum of 1 year after the tank system has been removed. Permanent records include the following:

     (i)   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)).

     (ii)   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).

     (iii)   Documentation of tank system installation, system modification and tank upgrade activities.

     (iv)   Tank system assessment records prior to upgrading in accordance with §  245.422(b).

     (v)   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).

     (vi)   Documentation of underground storage tank system repairs, including those in response to a release (§  245.434(6) (relating to repairs allowed)).

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

     (viii)   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)).

   (3)  Temporary records shall be maintained as follows:

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

     (ii)   Tank and pipe release detection records for the past 12 months, including written certifications or performance claims for the release detections methods in use and documentation of investigations of suspected releases (§ §  245.304 and 245.446 (relating to investigation of suspected releases; and release detection recordkeeping)).

     (iii)   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.

     (iv)   Documentation of the last two impressed current cathodic protection system inspection checks for each 60- day test period (§  245.432).

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

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

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

     (viii)   Documentation of the last test that demonstrates each containment sump, dispenser pan and spill containment bucket 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(5).

   The provisions of this §  245.435 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234733) to (234734).

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

RELEASE DETECTION

§ 245.441. General requirements for underground storage tank systems.

 (a)  Owners and operators of new and existing underground storage tank systems shall provide a method, or combination of methods, of release detection that:

   (1)  Can detect a release from any portion of the tank and the connected underground piping that routinely contains product.

   (2)  Is installed, calibrated, operated and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition.

   (3)  Meets the performance requirements in §  245.444 or §  245.445 (relating to methods of release detection for tanks; and methods of release detection for piping), with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods used after the date shown in the following table corresponding with the specified method except for methods permanently installed prior to that date, shall be capable of detecting the leak rate or quantity specified for that method in the corresponding section of this subchapter, also shown in the table, with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.

     (i)   Test method performance claims shall be verified by an independent third party using leak rates that are unknown to the tester.

     (ii)   When the EPA evaluation protocol for a method changes, the manufacturer shall reevaluate the method within 24 months of the new protocol’s effective date for its continued use in this Commonwealth.

 (b)  When a release detection method operated in accordance with the performance standards in § §  245.444 and §  245.445 indicates a release may have occurred, owners and operators shall investigate the suspected release in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).

 (c)  Owners and operators of underground storage tank systems shall comply with the release detection requirements of this subchapter.

 (d)  An existing tank system that cannot apply a method of release detection that complies with this subchapter must immediately empty the tank and complete the closure procedures in § §  245.451—245.455 (relating to out-of-service underground storage tank systems and closure).

 (e)  For existing tank systems equipped with double-walled pressurized piping that routinely contains regulated substance, and containment sumps at the piping junctures and dispensers, the containment sumps and dispenser pan sumps of these systems shall be monitored monthly beginning November 10, 2009, and monthly monitoring records maintained for the last 12 months of monitoring. Monitoring shall be accomplished by one of the following methods:

   (1)  Monthly visual check of the sumps.

   (2)  Interstitial monitoring under §  245.444(7) (relating to methods of release detection for tanks) (also see secondary containment—liquid sump sensors in PEI RP 100).

   The provisions of this §  245.441 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234734) to (234736).

 (a)  Owners and operators of underground storage tank systems installed after November 10, 2007, shall perform interstitial monitoring, at least once every 30 days, in accordance with §  245.444(7) (relating to methods of release detection for tanks) of both the tank and underground piping that routinely contains a product (regulated substance). In addition, pressurized piping for these systems must be equipped and operated with an automatic line leak detector with an automatic pump shut off device in accordance with §  245.445(1) (relating to methods of release detection for piping).

 (b)  Owners and operators of petroleum underground storage tank systems installed on or before November 10, 2007, shall provide release detection for tanks and piping as follows:

   (1)  Tanks. Tanks shall be monitored at least every 30 days for releases using one of the methods listed in §  245.444(4)—(9) except that:

     (i)   Underground storage tank systems that meet the performance standards in §  245.421 (relating to performance standards for underground storage tank systems), may use monthly inventory control requirements in §  245.444(1) or (2), and tank tightness testing (conducted in accordance with §  245.444(3)) until 10 years after the tank was first installed or upgraded under §  245.422(b), but not later than December 22, 2008.

     (ii)   Underground storage tank systems with a capacity of 1,001 to 2,000 gallons may use manual tank gauging, conducted in accordance with §  245.444(2) and a tank tightness test at least every 5 years until November 10, 2017.

     (iii)   Tanks with a capacity of 550 gallons or less may use manual tank gauging, conducted in accordance with §  245.444(2) as long as they continue to meet requirements of this subchapter.

     (iv)   Tanks with a capacity of 551 to 1,000 gallons using the longer test times specified may use manual tank gauging, conducted in accordance with §  245.444(2) as long as they continue to meet requirements of this subchapter.

   (2)  Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:

     (i)   Pressurized piping. Underground piping that conveys regulated substances under pressure shall meet the following requirements:

       (A)   Be equipped with an automatic line leak detector in accordance with §  245.445(1) (relating to methods of release detection for piping).

       (B)   Have an annual line tightness test conducted in accordance with §  245.445(2) or have monthly monitoring conducted in accordance with §  245.445(3).

     (ii)   Suction piping. Underground piping that conveys regulated substances under suction shall either have a line tightness test conducted at least every 3 years and in accordance with §  245.445(2), or use a monthly monitoring method conducted in accordance with §  245.445(3). Release detection is not required for suction piping that is designed and constructed to meet the following standards:

       (A)   The below grade piping operates at less than atmospheric pressure.

       (B)   The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.

       (C)   No more than one check valve is included in each suction line.

       (D)   Check valves are located directly below and as close as practical to or within the suction pump.

       (E)   A method is provided that allows compliance with clauses (B)—(D) to be readily determined.

   The provisions of this §  245.442 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234736) and (317227) to (317228).

 Owners and operators of hazardous substance underground storage tank systems shall provide release detection that meets the following requirements:

   (1)  Release detection at existing underground storage tank systems shall meet the requirements for petroleum underground storage tank systems in §  245.442 (relating to requirements for petroleum underground storage tank systems). By December 22, 1998, all existing hazardous substance underground storage tank systems shall meet the release detection requirements for new systems in paragraph (2).

   (2)  Release detection at new hazardous substance underground storage tank systems shall meet the following requirements:

     (i)   Secondary containment systems.

       (A)   Secondary containment systems shall be designed, constructed and installed to:

         (I)   Contain regulated substances released from the tank system until they are detected and removed.

         (II)   Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system.

         (III)   Be checked for evidence of a release at least every 30 days.

       (B)   The provisions of §  264.193 (relating to secondary containment) may be used to comply with the requirements of this paragraph.

     (ii)   Double walled tanks shall be designed, constructed and installed to:

       (A)   Contain a release from any portion of the inner tank within the outer wall.

       (B)   Detect the failure of the inner wall.

     (iii)   External liners, including vaults, shall be designed, constructed and installed to:

       (A)   Contain 100% of the capacity of the largest tank within its boundary.

       (B)   Prevent the interference of precipitation or ground- water intrusion with the ability to contain or detect a release of regulated substances.

       (C)   Surround the tank completely making it capable of preventing lateral as well as vertical migration of regulated substances.

     (iv)   Underground piping shall be equipped with secondary containment that satisfies the requirements of subparagraph (i) for example, trench liners, jacketing or double-walled pipe. In addition, underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector in accordance with §  245.445(1) (relating to methods of release detection for piping).

     (v)   Other methods of release detection may be used if owners and operators:

       (A)   Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in §  245.444(2)—(9) (relating to methods of release detection for tanks) can detect a release of petroleum.

       (B)   Provide information to the Department on effective corrective action technologies, health risks and chemical and physical properties of the stored substance, and the characteristics of the underground storage tank site.

       (C)   Obtain approval from the Department to use the alternate release detection method before the installation and operation of the new underground storage tank system.

 Each method of release detection for tanks used to meet the requirements of §  245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:

   (1)  Inventory control. Product inventory control, or another test of equivalent performance, shall be conducted monthly to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis in the following manner:

     (i)   Inventory volume measurements for regulated substance inputs, withdrawals and the amount still remaining in the tank are recorded each operating day.

     (ii)   The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest 1/8 of an inch.

     (iii)   The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery.

     (iv)   Deliveries are made through a drop tube that extends to within 1 foot of the tank bottom.

     (v)   Product dispensing is metered and recorded within an accuracy of at least 6 cubic inches for every 5 gallons of product withdrawn.

     (vi)   Dispenser meters shall be calibrated.

     (vii)   The measurement of any water level in the bottom of the tank is made to the nearest 1/8 of an inch at least once a month.

   (2)  Manual tank gauging. Manual tank gauging shall meet the following requirements:

     (i)   Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank.

     (ii)   Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period.

     (iii)   The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest 1/8 of an inch.

     (iv)   A leak is suspected and subject to Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

     (v)   Only tanks of 550 gallons or less nominal capacity may use this as the sole method of release detection. Tanks of 551 to 2,000 gallons may use the method in place of manual inventory control in paragraph (1). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this section.

   (3)  Tank tightness testing. Tank tightness testing, or another test of equivalent performance, must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

   (4)  Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet one of the following requirements:

     (i)   The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product.

     (ii)   For tank gauges installed prior to December 22, 1990, that do not meet the requirements of subparagraph (i), inventory control, or another test of equivalent performance, shall also be conducted in accordance with paragraph (1). Tank gauges shall be replaced or be certified by an independent third party verifying the gauge’s ability to detect the leak rate in subparagraph (i) following EPA evaluation protocol by November 10, 2008.

   (5)  Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:

     (i)   The materials used as backfill are sufficiently porous—for example, gravel, sand or crushed rock—to readily allow diffusion of vapors from releases into the excavation area.

     (ii)   The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile for example, gasoline—to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank.

     (iii)   The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall or soil moisture or other known interferences so that a release could go undetected for more than 30 days.

     (iv)   The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank.

     (v)   The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component of that substance or a tracer compound placed in the tank system.

     (vi)   In the underground storage tank excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law (63 P. S. § §  148—158.2) to ensure compliance with subparagraphs (i)—(iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.

   (6)  Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:

     (i)   The regulated substance stored is immiscible in water and has a specific gravity of less than one.

     (ii)   Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soils between the underground storage tank system and the monitoring wells or devices is not less than 0.01 cm/sec—for example, the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials.

     (iii)   The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substances on the water table into the well under both high and low groundwater conditions.

     (iv)   Monitoring wells shall be sealed from the ground surface to the top of the filter pack.

     (v)   Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible.

     (vi)   The continuous monitoring devices or manual methods used can detect the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells.

     (vii)   Within and immediately below the underground storage tank system excavation zone, the site is evaluated by a licensed professional under the Engineer, Land Surveyor and Geologist Law to ensure compliance with subparagraphs (i)—(v) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product. The written site evaluation report authenticated by the person completing the evaluation must be maintained at the facility for the duration of the leak detection method.

     (viii)   Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with §  245.432(b).

   (7)  Interstitial monitoring. Interstitial monitoring between the underground storage tank system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:

     (i)   For double-walled underground storage tank systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product.

     (ii)   For underground storage tank systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the underground storage tank system and the secondary barrier.

       (A)   The secondary barrier around or beneath the underground storage tank system consists of artificially constructed material that is sufficiently thick and impermeable, at least 10^-6 cm/sec for the regulated substance stored, to direct a release to the monitoring point and permit its detection.

       (B)   The barrier is compatible with the regulated substance stored so that a release from the underground storage tank system will not cause a deterioration of the barrier allowing a release to pass through undetected.

       (C)   For cathodically protected tanks, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system.

       (D)   The groundwater, soil moisture or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days.

       (E)   The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year floodplain, unless the barrier and monitoring designs are for use under these conditions.

       (F)   Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering in accordance with §  245.432(5).

     (iii)   For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

   (8)  Statistical Inventory Reconciliation (SIR). SIR shall meet the performance standards of paragraph (9)(i) for monthly monitoring.

     (i)   The owner or operator shall follow the instructions of the SIR manufacturer’s protocol.

     (ii)   A separate report for each tank monitored shall be maintained by the owner/operator in accordance with §  245.446(2) (relating to release detection recordkeeping). Each report shall meet the following requirements:

       (A)   Owners and operators shall have reports available within 20 days of the end of the monitored period.

       (B)   A valid report shall include the calculated leak rate, positive for out of tank and negative for into tank, minimum detectable leak rate (MDL), leak detection threshold, probability of detection (Pd) and probability of false alarm (Pfa) which the supplied data supports.

       (C)   A valid report shall also include one of the following test results:

         (I)   If the calculated leak rate, absolute value, is less than the leak threshold and the MDL is less than or equal to the certified performance standard (paragraph (3), paragraph (9)(i) or §  245.445(2) (relating to methods of release detection for piping)), the test result is ‘‘pass.’’

         (II)   If the calculated leak rate, absolute value, is greater than the leak threshold, the test result is ‘‘fail.’’

         (III)   If the MDL exceeds the certified performance standard and the calculated leak rate is less than the leak threshold, the test result is ‘‘inconclusive.’’ An inconclusive result is considered a suspected leak and shall be investigated in accordance with §  245.304 (relating to investigation of suspected releases).

   (9)  Other methods. Other types of release detection methods, or a combination of methods, may be used if the owner or operator can demonstrate to the Department that one of the following exists:

     (i)   It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05.

     (ii)   It can detect a release as effectively as any of the methods allowed in paragraphs (3)—(8). In comparing methods, the Department will consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with conditions imposed by the Department on its use to ensure the protection of human health and the environment.

   The provisions of this §  245.444 amended November 30, 2001, effective January 1, 2001, 31 Pa.B. 6615; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (317229) to (317230), (234741) to (234742) and (317231) to (317232).

 Each method of release detection for piping used to meet the requirements of §  245.442 (relating to requirements for petroleum underground storage tank systems) shall be conducted in accordance with the following:

   (1)  Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or automatically shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector shall be conducted in accordance with the manufacturer’s requirements. Underground storage tank systems installed or replaced after November 10, 2007, must have line leak detectors with an automatic pump shut-off device that shuts off the flow of regulated substances through pressurized piping that routinely contains and conveys product from the tank (See §  245.421(a)(1) (relating to performance standards for underground storage tank systems)).

   (2)  Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at 1 1/2 times the operating pressure.

   (3)  Applicable tank methods. The methods in §  245.444(5)—(9) (relating to methods of release detection for tanks) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

   The provisions of this §  245.445 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (317232) to (317233).

 Underground storage tank system owners and operators shall maintain records in accordance with §  245.435 (relating to reporting and recordkeeping) demonstrating compliance with the applicable requirements of § §  245.441—245.446 (relating to release detection). These records shall include the following:

   (1)  Written performance claims pertaining to a release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the entire time the release detection system is in use at the facility.

   (2)  The results of any sampling, testing or monitoring shall be maintained for at least 1 year, except that the results of tank tightness testing conducted in accordance with §  245.444(3) (relating to methods of release detection for tanks) shall be retained until the next test is conducted.

   (3)  Written documentation of all calibration, maintenance and repair of release detection equipment permanently located onsite shall be maintained for at least 1 year after the servicing work is completed. Schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the entire time the equipment is in use at the facility.

   This section cited in 25 Pa. Code §  245.403 (relating to applicability); 25 Pa. Code §  245.435 (relating to reporting and recordkeeping); 25 Pa. Code §  245.444 (relating to methods of release detection for tanks); and 25 Pa. Code §  245.451 (relating to temporary closure).

OUT-OF-SERVICE UNDERGROUND STORAGE TANK
SYSTEMS AND CLOSURE

§ 245.451. Temporary closure (out-of-service).

 (a)  When an underground storage tank system is temporarily closed (out-of-service), the owner shall complete and submit an amended registration form to the Department within 30 days in accordance with §  245.41 (tank registration requirements).

 (b)  Owners and operators shall continue operation and maintenance of corrosion protection in accordance with §  245.432 (relating to operation and maintenance including corrosion protection), while the tank is temporarily out-of-service, and release detection in accordance with § §  245.441—245.446 (relating to release detection) until the tank is empty. Records shall continue to be kept in accordance with §  245.435 (relating to reporting and recordkeeping).

 (c)  Owners and operators shall empty a tank being placed temporarily out-of-service within 30 days or prior to submission of the registration form to the Department, whichever occurs first, unless directed otherwise by the Department. Removed contents shall be reused, treated or disposed of in accordance with State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste) and 29 CFR 1910 (relating to occupational safety and health standards). Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system. Owners and operators shall maintain release detection records required under §  245.446(2) (relating to release detection recordkeeping) for the most recent 12-month period of active operation.

 (d)  Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed.

 (e)  Routine facility inspection requirements at 3-year intervals in §  245.411(c) (relating to inspection frequency) may be delayed for a storage tank facility with all tank systems temporarily closed, unless notified otherwise by the Department under §  245.21(c) and (d) (relating to tank handling and inspection requirements). A delayed inspection shall be performed on a storage tank system or facility in temporary closure when returning the tank system to operating status.

 (f)  When an underground storage tank system is temporarily closed for 3 months or more, owners and operators shall also comply with the following requirements:

   (1)  Vent lines shall be open and functioning.

   (2)  All other lines, pumps, manways and ancillary equipment shall be capped and secure.

 (g)  When an underground storage tank system is temporarily closed for more than 12 months, owners and operators shall:

   (1)  Permanently close the underground storage tank system if it does not meet either performance standards in §  245.421 (relating to performance standards for underground storage tank systems) for new underground storage tank systems or the upgrading requirements in §  245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met.

   (2)  Permanently close the substandard underground storage tank systems at the end of this 12-month period in accordance with § §  245.452—245.455, unless the Department provides an extension of the 12-month temporary closure period.

   (3)  Complete a site assessment in accordance with §  245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.

 (h)  Underground storage tank systems that meet performance standards in §  245.421 or the upgrading requirements in §  245.422 shall be permanently closed within 3 years of being placed temporarily out-of-service or by November 10, 2010, whichever is later, unless the Department grants an extension to this temporary closure period. The Department may establish conditions and require submission of documentation associated with extension of the temporary closure period, such as the following:

   (1)  Requirements for inspection under § §  245.21 and 245.411.

   (2)  Verification and testing of cathodic protection systems under §  245.432.

   (3)  Site assessment under §  245.453.

   (4)  Other considerations determined by the Department.

   The provisions of this §  245.451 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234745) to (234746).

 (a)  At least 30 days before beginning either permanent closure or a change-in-service under subsections (b) (d), or within another reasonable time determined by the Department, owners and operators shall notify the Department on a form provided by the Department of their intent to permanently close or make the change-in-service, unless the action is in response to corrective action. The required assessment of the excavation zone under §  245.453 (relating to assessing the site at closure or change-in-service) shall be performed after notifying the Department but before completion of the permanent closure or a change-in-service.

 (b)  To permanently close a tank, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice such as API 2015 by removing the liquids and accumulated sludges. Tanks taken out of service permanently shall also be either removed from the ground or filled with a nonshrinking, inert solid material.

 (c)  Replacement of the underground piping connected to a storage tank shall be considered a permanent closure of that part of the underground storage tank system. The requirements applicable to permanent closure of an underground storage tank system also apply to the permanent closure of system piping.

 (d)  Before a change-in-service, owners and operators shall ensure that the tank is empty and clean in accordance with a Nationally recognized code of practice such as API 2015 by removing the liquid and accumulated sludge, and conduct a site assessment in accordance with §  245.453.

 (e)  An amended registration shall be submitted by the owner to the Department.

 (f)  A properly completed closure report is required to permanently close a site, including a change-in-service. A copy of the completed closure report shall be submitted to the Department when requested.

 (a)  Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the underground storage tank site. Owners and operators shall sample for releases. Sampling may be accomplished in a manner consistent with the Department technical document entitled ‘‘Closure Requirements for Underground Storage Tank Systems’’ or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements.

 (b)  If contaminated soils, contaminated groundwater or free product as a liquid or vapor is discovered under subsection (a), or by another manner, owners and operators shall begin corrective action in accordance with Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties).

   The provisions of this §  245.453 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (317235).

 When directed by the Department, the owner and operator of an underground storage tank system permanently closed before December 22, 1988, shall assess the excavation zone and close the underground storage tank system in accordance with this subchapter if the underground storage tank system is, in the judgment of the Department, posing a current or potential threat to human health and the environment.

 Owners and operators shall maintain records in accordance with §  245.435 (relating to reporting and recordkeeping) that are capable of demonstrating compliance with closure requirements under this subchapter. The results of the excavation zone assessment required in §  245.453 (relating to assessing the site at closure or change-in-service) shall be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:

   (1)  By the owners and operators who took the underground storage tank system out of service.

   (2)  By the current owners and operators of the underground storage tank system site.

   (3)  By mailing these records to the Department if they cannot be maintained at the closed facility.

   This section cited in 25 Pa. Code §  245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code §  245.441 (relating to general requirements for underground storage tank systems); and 25 Pa. Code §  245.451 (relating to temporary closure).