Subchapter F. TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES

§ 245.501. Purpose.

 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 if 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)   Specific sections of this subchapter from which the 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 data, plans, specifications and test results, which supports an alternative design, practice, schedule or method as being at least as protective of human health and the environment as the requirement 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)  The Department will not grant a 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 112 (relating to oil pollution prevention).

   (5)  When granting the variance, the Department may impose specific conditions necessary to assure that the variance will adequately protect the public health, safety or welfare and the environment.

   (6)  The Department will provide to the applicant a written notice of approval, approval with conditions or denial.

   The provisions of this §  245.503 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234750) to (234751).

 (a)  Nationally-recognized associations which are referenced throughout this subchapter are as follows:

   (1)  American Concrete Institute (ACI).

   (2)  American National Standards Institute (ANSI).

   (3)  American Petroleum Institute (API).

   (4)  American Society of Mechanical Engineers (ASME).

   (5)  American Society for Nondestructive Testing (ASNT).

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

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

   (8)  National Fire Protection Association (NFPA).

   (9)  Petroleum Equipment Institute (PEI).

   (10)  SSPC—The Society for Protective Coatings (SSPC).

   (11)  Steel Tank Institute (STI).

   (12)  Underwriters Laboratory (UL).

 (b)  Nationally-recognized codes and standards shall be used in conjunction with manufacturer’s specifications to comply with this subchapter. When used to meet the technical standards and requirements of this subchapter, the most current or latest edition of the codes and standards shall be applied. Other Nationally-recognized 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 standard, 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 §  245.504 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234751) to (234752).

 Existing tanks that become regulated due to the addition of new regulated substances as defined in §  245.1 ((relating to definitions) (See definition of ‘‘regulated substance’’ (i)(C)(I) and (II))), and the regulation of aboveground tanks greater than 30,000 gallons capacity, storing heating oil that is consumed on the premises (See definition of ‘‘consumptive use’’ in §  245.1) are subject to the requirements of this chapter and shall be registered with the Department by January 9, 2008. In addition, these tanks are temporarily excluded from the following requirements:

   (1)  Monitoring requirements in §  245.541(c) (relating to overfill prevention requirements) until November 10, 2010.

   (2)  In-service inspection requirements in §  245.552 (relating to in-service inspections) until within 5 years of the date of construction or the date of the last inspection or by November 10, 2010, whichever is greater.

   (3)  Out-of-service inspection requirements in §  245.553 (relating to out-of-service inspections) until November 10, 2010, for tanks not previously inspected or 10 years after construction for tanks without known corrosion rates, whichever is greater, or within projected inspection intervals based on corrosion rates determined at the last out-of-service inspection, but not to exceed 20 years from the date of the last inspection.

   The provisions of this §  245.505 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.

OPERATIONS AND MAINTENANCE

§ 245.511. General operations and maintenance.

 (a)  An aboveground storage tank facility owner/operator shall establish and implement a preventive maintenance and housekeeping program which protects the integrity of the system from degradation and protects the public health and the environment.

 (b)  Routine maintenance inspection procedures shall be established and implemented at each storage tank facility.

   (1)  An owner/operator is responsible to assure that a visual inspection is performed once every 72 hours. The visual inspection may be accomplished by or supplemented with electronic surveillance and shall include:

     (i)   A check of the facility to ensure that no potential hazardous environmental conditions exist. This includes a check for evidence of a release for example, spill, overflow or leakage.

     (ii)   A check of the containment areas for accumulation of water and a confirmation that containment drain valves are secured in a closed position when not in use. If excessive water has accumulated, it shall be drained off and disposed of in accordance with applicable State and Federal requirements.

   (2)  An owner/operator is responsible to assure that a maintenance inspection of the facility and equipment is performed each month. The maintenance inspection shall include:

     (i)   An inspection of the tank system exterior surfaces for deterioration and maintenance deficiencies including a visual check for cracks, areas of wear, excessive settlement and deterioration of the foundation and supports.

     (ii)   Ancillary equipment and appurtenances shall be visually checked for operational malfunctions.

     (iii)   An inspection of containment and transfer areas for cracks, defects and fire hazards.

     (iv)   A check of overfill prevention equipment and monitoring of the leak detection system.

     (v)   The monthly maintenance inspection report shall be completed and signed by the individual who conducted the inspections and maintained for 1 year.

   (3)  An owner/operator is responsible to establish a process to assure that storage tank vents are operational and free of restrictions.

 An owner/operator is responsible to assure that appropriate security measures and procedures based on the facility location are established and implemented to protect the environment and the public. These security measures and procedures may include, but are not limited to monitoring, fencing, lighting, access control, locked entrances and securing of valves and dispensers.

 (a)  An owner/operator is responsible to assure aboveground tank systems are labeled/marked in accordance with industry standards and in compliance with Federal and State requirements. Tank labels/marks shall be easily legible from outside the containment area and shall be capable of readily identifying the regulated substance stored.

 (a)  Owners and operators of aboveground tank facilities shall maintain required records. If records are maintained offsite, the records shall be easily obtained and provided to the Department upon request.

 (b)  Permanent records for new systems and available records for existing systems shall be maintained for the operational life of the tank system and retained for a minimum of 1 year after the tank system has been removed. Permanent records include the following:

   (1)  Original installation and modification of tank system design specifications.

   (2)  Any variance issued for the tank system under §  245.503 (relating to variances).

   (3)  The permits issued under Subchapter C (relating to permitting of underground and aboveground storage tank systems and facilities).

   (4)  Tank handling activity installation, relocation, reconstruction and major modification inspection results.

   (5)  The notices of reportable releases submitted under §  245.305 (relating to reporting releases).

   (6)  Applicable manufacturer’s documentation for the tank system and any ancillary equipment.

   (7)  Third party out-of-service inspection reports.

 (c)  Temporary records shall be maintained as follows:

   (1)  The current registration certificate.

   (2)  The leak detection records for the past 12 months.

   (3)  The last two results of cathodic protection monitoring, when a cathodic protection system is in use.

   (4)  The routine monthly maintenance inspections for the past 12 months.

   (5)  The last third party in-service inspection report.

   (6)  A properly completed closure report and results of the site assessment conducted at permanent closure or change-in-service under §  245.561 (relating to permanent closure or change-in-service).

   This section cited in 25 Pa. Code §  245.523 (relating to aboveground storage tanks in underground vaults); and 25 Pa. Code §  245.553 (relating to out-of-service inspections).

DESIGN, CONSTRUCTION AND INSTALLATION

§ 245.521. Performance standards for aboveground storage tanks.

 (a)  Tank construction shall meet or exceed Nationally recognized industry association codes of practice. New tanks shall be installed in accordance with applicable codes of practice and consistent with manufacturer’s or fabricator’s specifications as specified in §  245.522 (relating to new aboveground tank installations and reconstructions).

 (b)  Tank modifications shall be in accordance with industry codes of practice as specified in §  245.524 (relating to aboveground tank modifications).

 (c)  Tanks shall be protected from corrosion and deterioration as specified in § §  245.531—245.534 (relating to corrosion and deterioration prevention).

 (d)  A leak monitoring system shall be installed as specified in §  245.543 (relating to leak detection requirements).

 (e)  A release prevention system shall be installed as specified in § §  245.541 and 245.542 (relating to overfill prevention requirements; and containment requirements for aboveground storage tank systems).

 (f)  Tanks shall be tested according to industry standards before being placed in service as specified in § §  245.522 and 245.524 (relating to new aboveground tank installations and reconstructions; and aboveground tank modifications).

 (g)  Tanks shall be inspected at installation, reconstruction or relocation and when a major modification is performed on a tank as specified in §  245.554 (relating to installation and modification inspections).

 (a)  Tanks must be designed and constructed in accordance with an appropriate current code of practice developed by Nationally-recognized associations such as UL, ACI, API, ASME, ASTM, STI or NACE and will follow applicable engineering specifications.

 (b)  Tanks must have a stable foundation, capable of supporting the total weight of the tank when full of product without movement, rolling or unacceptable settling. The foundation must minimize corrosion of the tank bottom and meet or exceed the specifications of the tank manufacturer. The foundation design and construction must be based on sound engineering practices.

 (c)  Tanks shall be tested for tightness in accordance with current codes of practice developed by Nationally-recognized associations and manufacturer’s specifications. If a pneumatic test is used for manufactured (shop built) tanks, the fittings, welds, joints and connections shall be coated with a soap solution and checked for leaks. Aboveground field constructed storage tanks shall be hydrostatically tested. Deficiencies shall be remedied prior to tanks being placed into service. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.

 (d)  Reconstruction of tanks must follow the current codes of practice developed by Nationally-recognized associations and be accomplished in accordance with sound engineering practices. Reconstructed tanks must be inspected and hydrostatically tested before being placed into service. Reconstructed tanks must meet or exceed requirements specified in §  245.521 (relating to performance standards for aboveground storage tanks). Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.

 (e)  Aboveground manufactured storage tanks that are relocated to another service site must meet the performance requirements for aboveground storage tanks and shall be tested according to industry standards and inspected before being put back in service.

 (f)  The Department may require the tank owner to submit documentation of construction design criteria and engineering specifications for review.

   The provisions of this §  245.522 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234755) to (234756).

 The following requirements shall be met when an owner or operator chooses to install an aboveground storage tank in an underground vault:

   (1)  The vault shall completely enclose the tank. There may be no openings in the vault enclosure except those necessary for access to, inspection of, and filling, emptying and venting of the tank. The walls and floor of the vault must be constructed of reinforced concrete at least 6 inches thick. The top, walls and floor shall be designed to withstand the anticipated loading including loading from traffic, soil and groundwater.

   (2)  The vault must be compatible with the stored substance and have a permeability of less than 1 x 10^-7 cm/sec for substance stored and be water tight.

   (3)  A tank must be in its own vault. Adjacent vaults may share a common wall.

   (4)  There may be no backfill around the tank and there shall be sufficient space between the tank and the vault to allow inspection of the tank and ancillary equipment.

   (5)  A vault and its tank must be suitably anchored to withstand uplifting by either water or released substance, including when the tank is empty.

   (6)  Connections shall be provided to permit venting of each vault to dilute, disperse and remove vapors prior to personnel entering the vault.

   (7)  A vault must be equipped with a continuous leak detection system capable of detecting vapors and liquids including water. The detection system must activate an alarm that automatically shuts down the dispensing system if a release occurs.

   (8)  A vault must have a means for personnel entry. The entry point must have a warning sign indicating the need for procedures for safe entry into a confined space. An entry point must be secured against unauthorized entry and vandalism.

   (9)  A suitable means to admit a fire suppression agent shall be provided for each vault.

   (10)  Tanks and ancillary equipment shall be installed, maintained and inspected in accordance with the requirements for aboveground storage tanks in this subchapter.

   (11)  Underground piping distribution systems for each tank system used to dispense class I or class II motor fuels for resale must be provided with release detection equivalent to underground piping release detection addressed in §  245.445 (relating to methods of release detection for piping) and monitored as required in paragraph (7) with monitoring records retained for 12 months as required under §  245.516 or §  245.615 (relating to recordkeeping requirements).

   The provisions of this §  245.523 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234756) to (234757).

 (a)  Modifications shall be designed and implemented in accordance with current codes of practice developed by Nationally-recognized associations such as API, ACI, ASME, ASTM, NACE, STI or UL.

 (b)  Modifications shall be performed in accordance with Nationally-recognized codes and manufacturer’s specifications or a professional engineer’s design requirements.

 (c)  Aboveground tanks which are modified shall be inspected and tested according to industry standards before being put in service when a major modification has been performed on the tank shell, tank roof or tank bottom. Deficiencies shall be remedied before being returned to service.

 (d)  The Department may require the tank owner to submit documentation of construction modification design criteria and engineering specifications for review.

   The provisions of this §  245.524 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234757).

 (a)  Ancillary equipment shall be designed and installed in accordance with Nationally recognized codes of practice and manufacturer’s specifications such as API, ASME, ASTM, UL, PEI or ANSI. Ancillary equipment shall be in good working order and maintained according to manufacturer’s specifications and accepted industry practices. Ancillary equipment shall be compatible with the stored substance.

 (b)  Tanks shall be appropriately vented to protect the tank from over pressurization and excessive vacuums. Vents shall meet or exceed the appropriate codes of practice developed by Nationally recognized associations such as API and NFPA. Normal venting shall allow the tank to breath when transferring the stored product. Emergency venting shall ensure that the safe pressure for the tank is not exceeded.

 (a)  Piping shall be compatible with the substance stored and properly designed to resist internal and external wear, vibration and shock.

 (b)  New and replacement piping shall be designed, fabricated and tested in accordance with current codes of practice developed by Nationally recognized associations such as API, ASME, ANSI, NFPA, PEI or STI. Installation of piping shall meet or exceed current codes of practice and be in strict accordance with manufacturer’s specifications. Piping shall be tested for tightness before being placed in service and all deficiencies remedied.

 (c)  Piping installed after October 11, 1997, and in contact with the soil or an electrolyte shall be adequately protected from corrosion in accordance with current codes of practice developed by Nationally recognized associations such as NACE or API.

 (d)  Piping shall be tested and inspected in accordance with current industry practices and § §  245.552 and 245.553 (relating to in-service inspections; and out-of-service inspections).

 (e)  Aboveground piping shall be adequately supported and be protected from physical damage caused by freezing, frost heaving and vehicular traffic.

CORROSION AND DETERIORATION PREVENTION

§ 245.531. General corrosion and deterioration requirements.

 (a)  The tank system shall be maintained with corrosion and deterioration prevention measures.

 (b)  Metallic tank systems in direct contact with the soil or other electrolyte shall be evaluated by a corrosion expert to determine if cathodic protection is necessary or appropriate.

 (c)  Existing tank bottoms that do not meet the standards in subsection (b) shall be upgraded when the tank bottom is replaced.

 (a)  When required for corrosion prevention, on new, reconstructed or relocated tanks or the replacement of the tank bottom the cathodic protection system shall consist of one or more of the following:

   (1)  Sacrificial anodes and dielectrical coating.

   (2)  Impressed current.

   (3)  Another method specified in an appropriate Nationally recognized association code of practice such as API 651 or associations such as NACE.

 (b)  Cathodic protection systems shall be designed by a corrosion expert and maintained to provide protection against external corrosion for the operational life of the tank system.

 (c)  Each cathodic protection system shall have an access point which enables the owner or operator to check on the adequacy of cathodic protection. The cathodic protection systems shall be monitored periodically as determined by the corrosion system design.

 (d)  Tank and piping connections of two dissimilar metals which create a galvanic cell are prohibited.

 The exterior surfaces of aboveground tanks and piping shall be protected by a suitable coating which prevents corrosion and deterioration. The coating system shall be maintained throughout the entire operational life of the tank.

 (a)  Coating or lining systems may be used to protect tank interiors from corrosion. The coating or lining system shall be designed in accordance with current codes of practices such as API 652 or associations such as NACE. Any appropriate coating which is bonded firmly to the interior surfaces may be used to protect a tank from corrosion.

 (b)  Specific requirements are as follows:

   (1)  Coatings and linings shall be chemically compatible with the substance to be stored.

   (2)  Coating material shall be applied and cured in strict accordance with manufacturer’s specifications.

   (3)  Surfaces shall be prepared and inspected in accordance with applicable Nationally-recognized codes and standards.

   (4)  Coatings used to protect the bottom of a tank shall extend up the side of the tank a minimum of 18 inches, while some forms of lining may cover the entire tank interior.

   (5)  Coatings shall be examined for blisters and air pockets, and tested for pinholes. The coating thickness shall be checked to assure compliance with manufacturer’s specifications.

   (6)  Defects in coating or lining systems shall be repaired or corrected prior to putting the tank or system into service.

 (c)  Interior linings or coatings shall be inspected by a third-party, Department-certified, aboveground storage tank inspector at installation, when undergoing a major modification, and at least every 10 years or as warranted or recommended by the manufacturer or design engineer.

   The provisions of this §  245.534 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234759) to (234760).

   This section cited in 25 Pa. Code §  245.521 (relating to performance standards for aboveground storage tanks); 25 Pa. Code §  245.552 (relating to in-service inspections); 25 Pa. Code §  245.553 (relating to out-of-service inspections); and 25 Pa. Code §  245.612 (relating to performance and design standards).

RELEASE PREVENTION AND LEAK DETECTION

§ 245.541. Overfill prevention requirements.

 (a)  An owner/operator shall ensure that releases from overfills do not occur. Transfer of stored substance may not exceed the volume available in the receiving tank and the transfer shall be adequately monitored. Immediate action shall be taken to stop the flow of regulated substance prior to exceeding tank capacity or in the event that an equipment failure occurs.

 (b)  Tanks must be installed with the following:

   (1)  A gauge or monitoring device which accurately indicates the level or volume in the tank and is visible to the individual responsible for the transfer of product. The monitoring device shall be installed, calibrated and maintained in accordance with manufacturer’s specifications.

   (2)  A high-level alarm with an automatic high-level cut-off device or a high-level alarm with a manned operator shutdown procedure in operation.

 (c)  Existing tanks must have a gauge or monitoring device installed by October 11, 2000.

 (d)  An existing tank system which is taken out of service to perform a scheduled out-of-service inspection or a major modification to the tank shall be upgraded with a high-level alarm with a cut-off device or a high-level alarm with a manned operator shutdown procedure prior to being put back in service.

 (e)  An existing tank system which has not been required to be taken out of service to perform a scheduled inspection or modification must have overfill protection consistent with National industry standards, such as API 2350, NFPA 30 or PEI RP 200 by November 10, 2010.

   The provisions of this §  245.541 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234760).

 (a)  Containment structures must be compatible with the substance stored and minimize deterioration to the storage tank system.

 (b)  Containment areas shall be designed, maintained and constructed in accordance with sound engineering practices adhering to Nationally-recognized codes of practice such as NFPA, NACE, ACI or API and in compliance with State and Federal requirements.

 (c)  Secondary containment under the tank bottom and around underground piping must be designed to direct any release to a monitoring point to meet leak detection requirements. Secondary containment shall be provided on a new tank at installation, and shall be provided on an existing tank at reconstruction or relocation of the tank or when the tank floor is replaced (See API 650 Appendix I). Permeability of the secondary containment must be less than 1 x 10^-7 cm/sec at anticipated hydrostatic head and shall be verified at the time of installation.

 (d)  Aboveground tanks must have emergency containment structures, such as dike fields, curbing and containment collection systems, which contain releases from overfills, leaks and spills, when a new tank system is installed or at the next out-of-service inspection for existing tank systems as established in §  245.553(d) (relating to out-of-service inspections) or by November 10, 2010, whichever occurs first.

   (1)  Permeability of newly installed or replacement emergency containment structures must be less than 1 x 10^-6 cm/sec at anticipated hydrostatic head and be of sufficient thickness to prevent the released substance from penetrating the containment structure for a minimum of 72 hours, and until the release can be detected and recovered.

   (2)  Emergency containment structures for existing aboveground storage tanks must meet one of the following standards by November 10, 2010, or at the next out-of-service inspection, prior to the tank being placed back into service, whichever occurs first:

     (i)   The standards for new emergency containment structures for aboveground storage tanks in paragraph (1).

     (ii)   Verification by a professional engineer that the emergency containment structure, coupled with the tank monitoring program and response plan, is capable of detecting and recovering a release and is designed to prevent contamination of the waters of this Commonwealth. Verification may be conducted in a manner consistent with the Department’s technical document entitled ‘‘Verification of Emergency Containment Structures for Aboveground Storage Tanks’’ or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. Verification of earthen structures should include determination of the containment structure permeability following Nationally-recognized testing methods such as ASTM Methods and Engineering Standards Listed in API Publication 351.

   (3)  Verification of the containment structure is valid until conditions at the site, monitoring program, response plan or procedures change.

   (4)  Transfers of regulated substances to a tank within the emergency containment shall be monitored by designated personnel for the duration of the transfer.

 (e)  Emergency containment areas, such as dike fields, must be able to contain 110% of the capacity of the largest tank in the containment area.

 (f)  Stormwater shall be removed from the emergency containment area as soon as possible or when the water is in contact with the tank or piping and prior to the capacity of containment being reduced by 10% or more. Manually operated pumps or siphons and manually operated gravity drains may be used to empty the containment. If drain valves are used they shall be secured in the closed position when not in use. Discharge or disposal of substances from the containment structure must comply with applicable State and Federal requirements.

   The provisions of this §  245.542 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234760) to (234761).

 (a)  Aboveground tank systems shall be provided a method of leak detection at installation that is capable of detecting a release. The leak detection method shall be monitored at least monthly and shall be installed, calibrated, operated and maintained in accordance with industry practices and manufacturer’s specifications.

   (1)  The area beneath the tank bottom shall be monitored for leakage by visual, mechanical or electronic leak detection methods.

   (2)  Observation wells outside of the secondary containment structure do not satisfy the leak detection requirements.

 (b)  Existing aboveground storage tank systems with secondary containment shall implement a monthly leak detection method as required by subsection (a). Monthly visual inspections shall be an acceptable method of leak detection.

 (c)  Existing aboveground storage tanks without secondary containment under the bottom of the tank that are in contact with the soil, such as vertical flat bottom tanks, and do not have cathodic protection or an internal lining shall be leak tested at the next scheduled in-service inspection consistent with subsection (d) and continue to be leak tested at each in-service inspection thereafter, until the tank is upgraded.

 (d)  Tank leak test must follow a Nationally-recognized procedure that is based on a volumetric/mass measurement, an acoustic measurement, or a soil-vapor monitoring method, such as those addressed in API Publication 334 ‘‘Guide to Leak Detection in Aboveground Storage Tanks.’’ The test shall be performed by a third-party inspector or a technician who has experience with the selected method and is qualified by the test equipment manufacturer or certified by the relevant industry association such as ASNT (See Recommended Practice No. SNT-TC-1A) and is not an employee of the tank owner.

 (e)  Aboveground piping shall be visually checked for leaks in accordance with the facility operations and maintenance plan.

   The provisions of this §  245.543 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (317238).

   This section cited in 25 Pa. Code §  245.521 (relating to performance standards for aboveground storage tanks); 25 Pa. Code §  245.552 (relating to in-service inspections); 25 Pa. Code §  245.553 (relating to out-of-service inspections); and 25 Pa. Code §  252.3 (relating to scope).

ABOVEGROUND STORAGE TANK INSPECTIONS

§ 245.551. General requirements for third party inspections.

 (a)  Aboveground storage tank owners and operators shall have their storage tank systems inspected by a Department certified aboveground storage tank inspector at frequencies established in this subchapter. Inspections will check for compliance with State and Federal requirements and adherence to current codes of practice developed by Nationally recognized associations, tank manufacturer’s instructions and design engineer’s specifications.

 (b)  Only Department certified inspectors shall be used to satisfy requirements for:

   (1)  In-service inspections.

   (2)  Out-of-service inspections.

   (3)  Installation and modification inspections.

 (a)  The in-service inspection must follow the guidelines of a Nationally-recognized association such as API 653, API 570 and applicable engineering criteria (See § §  245.524(b), 245.542(d)(2) and 245.543(d) (relating to aboveground tank modifications; containment requirements for aboveground storage tank systems; and leak detection requirements)).

 (b)  The in-service inspection must evaluate the following:

   (1)  Containment areas.

   (2)  Foundation.

   (3)  Tank shell.

   (4)  Tank roof.

   (5)  Appurtenances.

   (6)  Ancillary equipment including piping.

   (7)  Leak detection method.

   (8)  Cathodic protection system, if installed.

   (9)  Tank system integrity and suitability for service.

 (c)  Inspection information shall be submitted to the Department on a form provided by the Department and include the results of the evaluation in subsection (b) and the following:

   (1)  A determination of the corrosion rate of the shell and piping.

   (2)  A calculation of the life of the tank shell and piping based on corrosion rate.

   (3)  The next inspection schedule based on the API 653 calculated service life method or 1/4 of the corrosion rate life with a maximum of 5 years between inspections. Other site-specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity and should be considered when projecting tank service life and the next inspection interval.

   (4)  The recommendations for maintaining tank system integrity.

 (d)  Inspection intervals for in-service inspections are as follows:

   (1)  Aboveground tanks installed after October 11, 1997, shall be initially inspected within 5 years of installation.

   (2)  Existing tanks shall be initially inspected as follows:

     (i)   Tanks over 5 years old without a previous inspection shall be inspected by October 11, 1999.

     (ii)   Tanks with an inspection more than 3 years prior to October 11, 1997, shall be inspected by October 11, 2000.

     (iii)   Tanks with an inspection within 3 years prior to October 11, 1997, shall be inspected within 6 years of the previous inspection.

   (3)  Tanks shall have an in-service inspection within 1/4 of the corrosion rate life with a maximum of 5 years from the previous inspection or installation.

   (4)  An out-of-service inspection may replace an in-service inspection.

   (5)  An in-service inspection interval may be delayed under §  245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.

 (e)  Inspection recommendations shall be addressed and deficiencies remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications and engineering design criteria (See § §  245.522(a) and (b), 245.524(b)(2), 245.532(b) and (c) and 245.534(c)). The Department may require submission and review of all documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.

 (f)  The complete inspection report shall be kept at the facility until the next out-of-service inspection is completed.

   The provisions of this §  245.552 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234763) to (234764).

 (a)  Inspections must follow the guidelines of a Nationally-recognized association such as API 653, API 570 or ASME and applicable engineering criteria (See § §  245.524(b), 245.534(c), 245.542(d)(2) and 245.543(d)).

 (b)  The out-of-service inspection must evaluate the following:

   (1)  Containment areas.

   (2)  Foundation and supports.

   (3)  Tank shell.

   (4)  Tank roof.

   (5)  Tank bottom.

   (6)  Appurtenances.

   (7)  Ancillary equipment including piping.

   (8)  Leak detection method.

   (9)  Cathodic protection system, if installed.

   (10)  Internal linings and coatings, if installed.

   (11)  Tank system integrity and suitability for service.

 (c)  The tank bottom evaluation of metallic floors must be based on ultrasonic testing and visual examination and include at least one other method of nondestructive examination such as magnetic flux tests or vacuum tests of bottom lap welds (See API 653 and ASTM metallography—nondestructive testing Vol. 03.03). The ultrasonic evaluation must be statistically representative of the whole floor, excluding the release prevention barrier or secondary containment on double bottom tanks.

 (d)  Inspection information shall be submitted to the Department on a form provided by the Department and include the results of subsection (b) and the following:

   (1)  A determination of the corrosion rate for tank shell, bottom plates and piping.

   (2)  A calculation of the tank life and piping life based on the corrosion rate.

   (3)  The schedule for next out-of-service inspection, based on the API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years between inspections. Other site-specific conditions, for example, maintenance practices, previous repairs, internal linings, the nature of the substance stored or soil conditions that may affect corrosion rate life and should be considered when projecting tank service life and the next inspection interval.

   (4)  The recommendations for maintaining tank system integrity and meeting performance standards.

 (e)  Inspection intervals for out-of-service inspections are as follows:

   (1)  Tanks installed after October 11, 1997, shall be initially inspected based on measured or similar service corrosion rates. When the corrosion rate is unknown the tank’s actual bottom thickness shall be determined by inspection within 10 years of installation to determine the corrosion rate.

   (2)  Existing tanks shall be initially inspected as follows:

     (i)   If corrosion rates are not known, tanks shall be inspected within 10 years of installation or by October 11, 2000, whichever is later.

     (ii)   If corrosion rates can be determined or are known, tanks shall be inspected at their API 653 calculated service life method or 1/2 the corrosion rate life, from installation or previous out-of-service inspection or by October 11, 2000, whichever is later.

   (3)  Tanks shall have an out-of-service inspection at their API 653 calculated service life method or 1/2 of the corrosion rate life, with a maximum of 20 years from the last out-of-service inspection.

   (4)  An out-of-service inspection interval may be delayed under §  245.562 (relating to temporary removal-from-service) for a tank that is temporarily removed from service. The delayed inspection shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.

 (f)  Deficiencies shall be remedied before the tank is returned to service. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications or an engineer’s design criteria (See § §  245.522(a) and (b), 245.524(b)(2) and 245.532(b) and (c) (relating to new aboveground tank installations and reconstructions; aboveground tank modifications; and cathodic protection system)). The Department may require submission and review documentation relating to these remedies. Required tank handling activities are reported to the Department by the certified installer. Tank handling activities involving major modifications shall also be inspected by a certified aboveground storage tank inspector and reported to the Department.

 (g)  Aboveground storage tanks which can be completely examined from the exterior are exempt from out-of-service inspections except for tanks that are internally lined.

 (h)  The completed inspection report for out-of-service inspections shall be kept with the facility records under §  245.516 (relating to recordkeeping requirements).

   The provisions of this §  245.553 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234764) and (254863).

 (a)  Aboveground storage tank systems shall be inspected by a Department-certified inspector at the time of installation in accordance with §  245.522 (relating to new aboveground tank installations and reconstructions), and current Nationally-recognized association’s code of practice and manufacturer’s specifications. The inspection report shall be kept for the operational life of the tank.

 (b)  Major modifications shall be inspected by a Department-certified inspector at the time of modification under §  245.524 (relating to aboveground tank modifications) and current codes of practice developed by Nationally-recognized associations prior to being put back in service. The inspection report shall be kept for the operational life of the tank. When substantial modifications are made to the tank floor, the next inspection date projections shall be determined based on the condition of the tank subsequent to those modifications and reported to the Department by the certified inspector on the appropriate inspection form provided by the Department. Other site-specific conditions, for example, maintenance practices, previous repairs, the nature of the substance stored or soil conditions that may affect corrosion rate life or tank system integrity should be considered when projecting tank service life and the next inspection interval.

 (c)  Tanks which are relocated or reconstructed shall be inspected by a Department-certified inspector and tested for tightness in accordance with §  245.522 and current codes of practice developed by Nationally-recognized associations prior to being put in service. The inspection report shall be kept for the operational life of the tank.

   The provisions of this §  245.554 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (254863).

   This section cited in 25 Pa. Code §  241.521 (relating to performance standards for standards for aboveground storage tanks); and 25 Pa. Code §  245.562 (relating to temporary removal-from-service).

CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS

§ 245.561. Permanent closure or change-in-service.

 Before permanent closure or change-in-service is completed, the owner/operator shall comply with the following:

   (1)  At least 30 days before beginning either a permanent closure or change-in-service to an unregulated tank, or within a lesser time as determined by the Department, the owner/operator shall notify the Department of its intent to permanently close or change-in-service from a regulated tank to an unregulated tank, unless the action is in response to a corrective action or waived by the Department.

   (2)  The owner/operator shall submit an amended registration form to the Department indicating the change in tank status within 30 days after the change in tank status.

   (3)  The owner/operator shall complete a site assessment to measure for the presence of any release from the storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and may be conducted in a manner consistent with the Department’s technical document entitled ‘‘Closure Requirements for Aboveground 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. The results of the site assessment and the closure report shall be retained for 3 years.

   (4)  If contaminated soil, sediment, surface water or groundwater, or free product is discovered or confirmed by either direct observation or indicated by the analytical results of sampling, the owner/operator shall proceed with the corrective action as required in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) or, if applicable, in accordance with remedial action agreements.

   (5)  Regulated substance and contents removed from the tank system including piping shall be reused, treated or disposed of in a manner consistent with applicable State and Federal waste management requirements.

   (6)  Tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or tank systems shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste).

   (7)  Tanks to be permanently closed and left onsite shall be legibly marked with the date of permanent closure.

   (8)  The appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.

   (9)  Tanks that are to be closed in place shall:

     (i)   Be rendered inoperable and incapable of storing liquid substance.

     (ii)   Be secured against unauthorized entry.

     (iii)   Meet the requirements specified in paragraphs (1)—(8).

   The provisions of this §  245.561 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (254863) to (254864).

 (a)  The owner/operator shall complete and submit an amended registration form to the Department within 30 days after the change in tank status.

 (b)  A tank system shall be emptied and regulated substances and contents shall be reused, treated or disposed of in accordance with State and Federal requirements.

 (c)  A tank shall be secured against unauthorized entry and all piping entering or exiting the tank, excluding vents, shall be capped or blinded.

 (d)  Tank integrity shall be maintained throughout the temporary removal-from-service time and the tank shall be protected against flotation.

 (e)  Inspection requirements shall be maintained as specified in § §  245.551—245.554 (relating to aboveground storage tank inspections). In-service and out-of-service inspection intervals may be delayed for a tank that is temporarily removed from service. The delayed inspections shall be conducted prior to placing regulated substance in a tank and returning the tank to operating status. Deficiencies noted during inspection shall be addressed and remedied and an amended registration form submitted to the Department prior to returning the tank to operating status.

 (f)  Tanks which are temporarily removed-from-service for 5 years or longer must meet the requirements for permanent closure, unless the time frame for retaining the tank or tanks in temporary removal-from-service status is extended under §  245.503 (relating to variances).

   The provisions of this §  245.562 amended November 9, 2007, effective November 10, 2007, 37 pa.B. 5979. Immediately preceding text appears at serial pages (254864) and (234767).

   This section cited in 25 Pa. Code §  245.552 (relating to in-service inspections); and 25 Pa. Code §  245.553 (relating to out-of-service inspections).