Subchapter G. SIMPLIFIED PROGRAM FOR SMALL
ABOVEGROUND STORAGE TANKS

§ 245.601. Purpose.

 (a)  The owner/operator of aboveground storage tank facilities with an aggregate aboveground storage capacity greater than 21,000 gallons shall develop and adhere to a Spill Prevention Response Plan (Plan) which addresses the requirements described in Chapter 9 of the act (35 P. S. § §  6021.901—6021.904). The Plan shall be provided to the Department and updated as necessary. A current copy of the Plan shall be readily available at the storage tank facility at all times.

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

   (1)  American National Standards Institute (ANSI).

   (2)  American Petroleum Institute (API).

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

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

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

   (6)  National Fire Protection Association (NFPA).

   (7)  Petroleum Equipment Institute (PEI).

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

   (9)  Steel Tank Institute (STI).

   (10)  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 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 §  245.604 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234768).

 Existing tanks that become regulated due to the addition of new regulated substances as defined in §  245.1 ((relating to definitions) (See ‘‘regulated substance’’ (i)(C)(I) and (II)) 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 technical requirements:

   (1)  Emergency and secondary containment requirements in §  245.612(e) (relating to performance and design standards) until November 10, 2010.

   (2)  A method of leak detection as required in §  245.613(a) (relating to monitoring standards) until November 10, 2008.

   (3)  In-service inspections required in §  245.616(c)(3) (relating to inspection requirements) until November 10, 2010.

   The provisions of this §  245.605 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.

TECHNICAL REQUIREMENTS

§ 245.611. Testing requirements for new and substantially modified small aboveground storage tanks.

 (a)  Tanks shall be tested for tightness at installation in accordance with current codes of practice developed by Nationally-recognized associations and manufacturer’s specifications, except for manufactured, shop built tanks that meet the requirements of subsection (b). The testing shall be completed, as part of the installation process, prior to putting the tank in service.

 (b)  Manufactured, shop built tanks that are initially tested after full assembly at the plant do not require additional testing at installation if the manufacturer certifies that the tank was tested at the plant and the manufacturer’s installation instructions do not specify additional testing.

 (c)  Tanks that receive major modifications to the tank shell or the tank bottom shall be tested for tightness, in accordance with current codes of practice developed by Nationally-recognized associations or manufacturer’s specifications, prior to being returned to service.

 (a)  Tanks shall be designed, constructed and installed or modified in accordance with current codes of practice developed by Nationally-recognized associations such as API, ASME, ASTM, ANSI, STI and UL and the manufacturer’s specifications. Tank handling activities shall be accomplished by a Department-certified aboveground storage tank installer or under the installer’s direct, onsite supervision and control.

 (b)  Tanks must have a stable support or foundation capable of adequately supporting the total weight of the tank and its contents when in use. The support or foundation must meet or exceed the specifications of the tank manufacturer and be designed and constructed in accordance with sound engineering practices.

 (c)  Ancillary equipment, including piping, shall be designed, installed and modified in accordance with current codes of practice developed by Nationally-recognized associations such as API, SSPC, NACE, ASME, PEI and UL and the manufacturer’s specifications. Ancillary equipment must be compatible with the substance stored and must be adequately protected from corrosion, excessive wear and deterioration. Protective coatings shall be maintained throughout the entire operational life of the storage tank system.

 (d)  Tanks shall be installed with secondary containment in or under the tank bottom to provide monitoring capability to satisfy leak detection requirements in §  245.613 (relating to monitoring standards) and emergency containment to contain possible releases, such as overfills, leaks and spills. Emergency containment must be sufficiently impermeable to contain any potential release for a minimum of 72 hours and until the release can be detected and fully recovered in an expeditious manner. Double walled tanks may meet both emergency and secondary containment requirements when the tank system is operated with spill and overfill protection controls including the following:

   (1)  A spill containment bucket at the tank fill point or containment at the remote fill point.

   (2)  An overfill alarm or prevention device or monitoring gauge and shut down procedure.

   (3)  Block valves on product lines.

   (4)  Solenoid valve or antisiphon device, if appropriate (See PEI RP 200).

 (e)  Existing tanks which do not meet the requirements specified in subsection (d) shall be upgraded with secondary containment by October 11, 2007, and emergency containment by October 11, 2000.

 (f)  Tanks installed in underground vaults after October 11, 1997, and used for dispensing Class I and Class II motor fuels must comply with §  245.523 (relating to aboveground storage tanks in underground vaults).

 (g)  The exterior of the tank system shall be protected by an appropriate coating or paint which shall be maintained throughout the entire operational life of the tank system.

 (h)  Tanks which are internally lined must comply with §  245.534 (relating to interior linings and coatings).

 (i)  Tanks shall be labeled or marked in a manner consistent with industry standards and which provides for identifying the regulated substance stored from outside the containment area.

   The provisions of this §  245.612 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234769) and (234770).

 (a)  By October 12, 1998, a method of leak detection shall be in use and monitored at least monthly. An automatic sensing device, mechanical device or other appropriate method may be used. This method, at a minimum, shall provide a visual examination of the storage tank system by the owner/operator or designated representative. If releases are detected, they shall be corrected and the provisions of 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.

 (b)  The owner/operator shall assure that a maintenance and general operations check of the storage tank system is performed at least monthly. Deficiencies noted during the check shall be corrected. The small aboveground storage tank general operations and maintenance checklist provided by the owner/operator shall be used to document the monthly operations and maintenance check. The operations and maintenance check shall include:

   (1)  A visual examination of the tank system for deterioration, including, but not limited to, the tank, piping, ancillary equipment, foundation and safety equipment.

   (2)  A check of the containment areas for accumulation of water and removal of water as necessary.

   (3)  Confirmation that containment drain valves are secured in the closed position when not in use.

   (4)  Monitoring of the leak detection system.

   (5)  A check of vents for restrictions.

   (6)  A check of ancillary equipment for operational malfunctions.

   (7)  An investigation of conditions that may be a fire or safety hazard, or pose an environmental hazard.

   (8)  Observation for evidence of a release of regulated substance from the tank system.

 (a)  Tank systems shall be cleaned, rendered free from hazardous vapors and ventilated if left onsite or 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). Piping shall be removed or capped and fill ports shall be secured, capped or dismantled.

 (b)  The owner shall conduct a visual examination of the surface, soil and area surrounding and underlying the storage tank system for obvious indications or evidence of a release of regulated substance.

   (1)  If a release is suspected, it shall be investigated in accordance with §  245.304 (relating to investigation of suspected releases).

   (2)  If a release is confirmed, it shall be reported to the appropriate Department regional office responsible for the county in which the tank is located in accordance with §  245.305 (relating to reporting releases).

 (c)  The owner shall complete and submit an amended tank registration form to the Department within 30 days of:

   (1)  The completion of permanent closure.

   (2)  Change-in-service status of the tank.

   (3)  Temporary removal from service.

 (d)  Temporary removal from service requires that the owner/operator empty the tank system of regulated substances and conduct a visual examination of the area surrounding the tank as required in subsection (b), excluding the surface and soil underlying any tank bottom in contact with the ground. A tank may be considered to be in a temporary removal from service status when the tank is emptied and intended to remain out of use for 1 year or more.

   (1)  Temporary removal from service may not exceed 5 years, unless the owner can demonstrate an operational need to retain the tank in temporary removal-from-service beyond 5 years and the Department agrees to extend this time frame.

   (2)  Monitoring standards in §  245.613 (relating to monitoring standards) are not required when a tank is reported to the Department as temporarily removed from service.

   (3)  Inspection of tanks temporarily removed from service shall be performed in accordance with §  245.616 (relating to inspection requirements). In-service inspection interval may be delayed 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 a tank to operating status.

   The provisions of this §  245.614 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (317239) to (317240).

 (a)  The owner/operator shall maintain required storage tank system records. If records are maintained offsite, the records shall be easily obtained and provided to the Department upon request.

 (b)  The following records shall be maintained for the operational life of the tank unless otherwise stated:

   (1)  Original tank and system installation records and design specifications. This requirement is limited to records currently available for tank systems existing prior to October 11, 1997.

   (2)  Records of modification to the tank or storage tank system.

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

   (4)  Current registration certificates.

   (5)  Monthly leak detection records and maintenance checklists for the past 12 months.

   (6)  Third-party inspection reports.

 (a)  Required inspections of small aboveground storage tanks shall be conducted by Department-certified aboveground storage tank inspectors according to a current Nationally-recognized association’s code of practice such as API, STI or ASME or according to manufacturer’s specifications and applicable engineering criteria (See §  245.612 (relating to performance and design standards)). Deficiencies noted during the inspection shall be addressed and remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications and applicable engineering design criteria. The Department may require submission and review of documentation relating to these remedies. The associated tank handling activities are reported to the Department by a certified installer.

 (b)  Small aboveground field constructed storage tanks shall be inspected at installation, reconstruction or relocation and when a major modification activity is performed on the tank shell or the tank bottom plates.

 (c)  The owner/operator of small aboveground storage tanks storing regulated substances with a capacity greater than 5,000 gallons and owner/operator of small aboveground storage tanks storing highly hazardous substances with a capacity greater than 1,100 gallons shall have in-service inspections conducted every 10 years or more often when corrosion, deterioration or other specific conditions necessitate. Other specific conditions may include maintenance practices, previous repairs, the nature of the substance stored and coatings or linings that should be considered when projecting tank service life and the next inspection interval. Internally lined tanks and flat bottom tanks without an interstice or external access to the tank bottom may require further evaluation or internal examination. Inspections shall be phased in for tanks without a previous inspection as follows:

   (1)  New tanks shall be initially inspected within 10 years of installation.

   (2)  Existing tanks, less than 10 years old without a previous inspection, shall be inspected by October 13, 2003, or 10 years from the date of installation, whichever is later.

   (3)  Existing tanks over 10 years old, without a previous inspection, shall be inspected by October 11, 2002.

   (4)  When an inspection is delayed under §  245.614 (d)(3) (relating to requirements for closure) for a tank in temporary removal-from-service status, the inspection shall be completed and deficiencies remedied prior to returning the tank to operational service.

 (d)  In-service inspections must evaluate the following:

   (1)  Containment areas.

   (2)  Foundation and tank supports.

   (3)  Tank shell and tank roof, where a roof exists.

   (4)  Appurtenances.

   (5)  Ancillary equipment including piping.

   (6)  Leak detection method, including monthly leak detection records and maintenance checklists.

   (7)  Cathodic protection system, if installed.

   (8)  Coatings and protections from deterioration.

   (9)  Tank system integrity and suitability for service.

   The provisions of this §  245.616 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (317240) and (313747).

   This section cited in 25 Pa. Code §  245.605 (relating to applicability); and 25 Pa. Code §  245.614 (relating to requirements for closure).