§ 245.403. Applicability.

 (a)  General. The requirements in 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 subsections (c) and (d).

 (b)  Emergency power generator fuel tanks. Underground storage tank systems that store fuel solely for use by emergency power generators must meet the requirements in § §  245.441—245.446 (relating to release detection) as follows:

   (1)  Underground storage tank systems installed on or before November 10, 2007, must meet the requirements in § §  245.441—245.446 on or before December 21, 2020.

   (2)  Underground storage tank systems installed after November 10, 2007, must meet the requirements in § §  245.441—245.446 on or before December 22, 2019.

   (3)  Underground storage tank systems installed after December 22, 2018, must meet the requirements in § §  245.441—245.446 at installation.

 (c)  Partial exclusions. Except as provided in paragraph (4), the following underground storage tanks systems are not required to comply with § §  245.411, 245.421(b)(3) and (4)(ii) and (iii), 245.422(d), 245.432(g) and 245.436—245.446:

   (1)  A wastewater treatment tank system installed on or after May 7, 1985, that is not part of a wastewater treatment facility regulated under sections 307(b) or 402 of the Clean Water Act (33 U.S.C.A. § §  1317(b) and 1342).

   (2)  An underground storage tank system installed on or after May 7, 1985, containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. § §  2011—2296b-7).

   (3)  An underground storage tank system installed on or after May 7, 1985, that is part of an emergency generator system at a nuclear power generation facility licensed by the United States Nuclear Regulatory Commission and subject to United States Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR Part 50 (relating to domestic licensing of production and utilization facilities).

   (4)  An underground storage tank system referenced in paragraph (1), (2), or (3) installed before May 7, 1985, is not required to comply with § §  245.411—245.422, 245.424, 245.432, 245.433 and 245.436—245.446.

 (d)  Previously excluded underground storage tanks. Underground storage tank systems that were not required to be registered with the Department prior to December 22, 2018, shall be registered with the Department by February 20, 2019. Underground storage tanks include all of the following:

   (1)  Field-constructed underground storage tanks installed on or before October 11, 1997, that the Department previously did not require to be registered as a matter of policy. These tanks are temporarily excluded from § §  245.421, 245.422, 245.431, 245.432, 245.437 and 245.441—245.446, until December 22, 2019.

   (2)  Underground storage tank systems referenced in subsection (c)(1)—(3) installed on or before December 22, 2018.

Source

   The provisions of this §  245.403 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331061).



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