Subchapter B. CERTIFICATION PROGRAM FOR INSTALLERS
AND INSPECTORS OF STORAGE TANKS AND STORAGE
TANK FACILITIES


GENERAL CERTIFICATION REQUIREMENTS

Sec.


245.101.    Purpose.
245.102.    Requirement for certification.
245.103.    [Reserved].
245.104.    Application for installer or inspector certification.
245.105.    Certification examinations.
245.106.    Conflict of interest.
245.107.    [Reserved].
245.108.    Suspension of certification.
245.109.    Revocation of certification.
245.110.    Certification of installers.
245.111.    Certified installer experience and qualifications.
245.112.    Certification of inspectors.
245.113.    Certified inspector experience and qualifications.
245.114.    Renewal and amendment of certification.

COMPANY CERTIFICATION


245.121.    Certification of companies.
245.122.    Applications for company certification.
245.123.    Suspension of company certification.
245.124.    Revocation of company certification.
245.125.    Renewal and amendment of company certification.

STANDARDS OF PERFORMANCE


245.131.    Validity of certification.
245.132.    Standards of performance.

TRAINING APPROVAL


245.141.    Training approval.
245.142.    Training courses.

Cross References

   This subchapter cited in 25 Pa. Code §  245.222 (relating to application requirements); and 25 Pa. Code §  245.232 (relating to general requirements).

GENERAL CERTIFICATION REQUIREMENTS


§ 245.101. Purpose.

 This chapter establishes a certification program for installers and inspectors of storage tank systems and storage tank facilities and companies that employ installers or inspectors, and establishes standards of performance for certified installers, certified inspectors and certified companies.

§ 245.102. Requirement for certification.

 (a)  A person may not conduct tank handling or tightness testing activities unless that person holds a current installer certification issued by the Department for the applicable certification category as indicated in §  245.110 (relating to certification of installers), except as provided in §  245.31 (relating to underground storage tank system testing requirements). Installer certification will only be issued by the Department to a person who:

   (1)  Possesses minimum experience and qualifications as provided under §  245.111 (relating to certified installer experience and qualifications).

   (2)  Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified installer categories described in §  245.110 for which the person is requesting certification.

   (3)  Submits an accurate and complete application.

   (4)  Is not found to be in violation of the act or this chapter, or has not had a certification revoked by the Department under §  245.109 (relating to revocation of certification).

 (b)  A person may not conduct inspection activities at a storage tank system or storage tank facility required by the Department under the act and this part unless that person holds a current inspector certification issued by the Department for the applicable inspector certification category. Inspector certification will only be issued by the Department to a person who:

   (1)  Possesses minimum experience and qualifications as provided under §  245.113 (relating to certified installer experience and qualifications).

 

   (2)  Achieves a passing grade on a certification examination administered or approved by the Department for one or more of the certified inspector categories described in §  245.112 for which the person is requesting certification.

 

   (3)  Submits an accurate and complete application.

 

   (4)  Is not found to be in violation of the act or this chapter, or has not had a certification revoked by the Department under §  245.109.

 

 (c)  Certified installers and certified inspectors shall successfully complete additional periodic training and testing administered or approved by the Department to maintain their certification. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under §  245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.

 (d)  A certified installer or certified inspector may not perform tank handling or inspection activities as an employee of a company unless the company holds a valid certification issued by the Department under this chapter.

 

 (e)  If the EQB deletes or consolidates certification categories or amends qualifications for certification prior to the expiration date of an installer or inspector’s category certification, the category certification may still be used until the expiration date of that category certification.

Source

   The provisions of this §  245.102 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331008) to (331009).

Cross References

   This section cited in 25 Pa. Code §  245.104 (relating to application for installer or inspector certification).

§ 245.103. [Reserved].


Source

   The provisions of this §  245.103 adopted September 20, 1991, effective September 21, 1991, 21 Pa.B. 4345; corrected September 27, 1991, effective September 21, 1991, 21 Pa.B. 4405; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1949; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; reserved November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (234679) to (234680).

§ 245.104. Application for installer or inspector certification.

 

 (a)  The applicant shall be a natural person.

 

 (b)  An application for installer or inspector certification shall be submitted to the Department on current forms provided by the Department and must contain the following information:

 

   (1)  Evidence that the applicant has the certification prerequisites contained in §  245.111 or §  245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications).

 

   (2)  The applicant’s name, address and telephone number.

 

   (3)  Other information necessary for a determination of whether the issuance of a certification conforms to the act and this chapter.

 

 (c)  An application for certification shall be received by the Department no later than 60 days prior to the announced date of the certification examination.

 

 (d)  An application must be complete upon submission.

 (e)  An applicant meeting the requirements of §  245.102(a)(4) or (b)(4) (relating to requirement for certification) will be granted admission to the certification examinations for which the applicant has requested certification and is qualified.

Source

   The provisions of this §  245.104 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234680).

§ 245.105. Certification examinations.

 (a)  The Department will establish separate administrative and technical content for the examinations and the standards and criteria against which they will be evaluated to be used in determining the fitness of candidates for certification as certified installers or certified inspectors under the categories established by this chapter.

 (b)  The Department will schedule a date and location for the examinations for certified installer and certified inspector at least once in each calendar year.

 (c)  Only applicants who have been authorized by the Department, in accordance with this chapter, to take an examination will be admitted to an examination or issued a certification as a result of passing an examination. Authorization to take an examination will be based on compliance with this chapter. Applicants who are authorized to take an examination are eligible to take the examination for up to 1 year from the date of authorization.

 (d)  To receive a passing grade on the examinations, the applicant for certification shall achieve a minimum score of 80% on each technical examination and a minimum score of 80% on the administrative examination.

 (e)  An applicant who fails an examination is eligible to retake the examination for up to 1 year from the failed examination test date, but no later than 18 months from date of authorization.

 (f)  Passing examination scores are valid for 2 years from the date of the examination.

Source

   The provisions of this §  245.105 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 (331010).

Cross References

   This section cited in 25 Pa. Code §  245.114 (relating to renewal and amendment of certification).

§ 245.106. Conflict of interest.

 (a)  Except as provided in subsection (b), a certified inspector may not be one or more of the following:

   (1)  An employee of the tank owner, the tank owner or operator.

   (2)  A certified installer on the same tank handling activity on an aboveground storage tank system for which the installer is the certified inspector.

   (3)  An employee of a company that employs a certified installer on the same tank handling activity for which the employee is the certified inspector, when the tank handling activity is performed on a field-constructed storage tank. This prohibition extends to a company that owns, or is owned by, the employer, in whole or in part.

 (b)  A certified inspector who is a certified installer may conduct a tank handling activity to correct a deficiency identified by the same certified individual or company during an inspection of the operation of an underground storage tank system or the inspection of the integrity, installation or modification of an aboveground storage tank system. Notwithstanding this exception, subsection (a)(2) still prohibits a certified inspector from subsequently inspecting a tank handling activity which the certified inspector conducted to correct a deficiency noted during an integrity, installation or modification inspection of an aboveground storage tank system.

 (c)  A certified inspector may not perform an inspection as required under §  245.411 (relating to inspection frequency) for a facility where the inspector is also the designated Class A or Class B operator as defined in §  245.436 (relating to operator training).

Source

   The provisions of this §  245.106 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; 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 pages (331010) and (347241).

Cross References

   This section cited in 25 Pa. Code §  245.436 (relating to operator training).

§ 245.107. [Reserved].


Source

   The provisions of this §  245.107 reserved December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (347241).

§ 245.108. Suspension of certification.

 (a)  The Department may suspend the certification of a certified installer or certified inspector for good cause which includes:

   (1)  A violation of the act or this chapter.

   (2)  Incompetency on the part of the certified installer or certified inspector as evidenced by errors in conducting duties and activities for which the certification in question was issued.

   (3)  Failure to successfully complete a training program required by the Department.

   (4)  A certified inspector’s failure to:

     (i)   Inform the owner or operator and the Department of conditions or procedures that are not in accordance with the manufacturer’s technical and procedural specifications for installation, construction, modification or operation of the storage tank system or storage tank facility and not in compliance with the act or this chapter.

     (ii)   Conduct, review or observe a test or inspection activity required by the act or this chapter.

     (iii)   Submit a report of an inspection activity to the Department within 60 days of conducting an inspection activity, except for reports of modification inspection activities, which must be reported to the Department within 30 days of conducting a modification inspection activity. For inspection activities involving multiple certified individuals and certification categories, reports of modification inspection activities must be submitted within 30 days of the completion of all project tank handling and inspection activities.

   (5)  A certified installer’s failure to:

     (i)   Be present during tank handling activities at the storage tank system or storage tank facility as required by the act or this chapter.

     (ii)   Conduct tank handling activities in accordance with the requirements in the act or this chapter.

     (iii)   Submit tank handling reports and activities to the Department within 30 days of conducting the tank handling activities. For tank handling activities involving multiple certified individuals and certification categories, the tank handling report shall be submitted within 30 days of the completion of all project tank handling and inspection activities.

   (6)  Working as a certified installer or certified inspector in a certification category for which the person has failed to obtain or maintain certification.

   (7)  Failure to meet one or more of the standards of performance in §  245.132 (relating to standards of performance).

   (8)  Submission of false information to the Department.

   (9)  A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated under those statutes by the certified individual which causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.

   (10)  Failure to perform underground tightness testing activities and documentation in accordance with §  245.31 (relating to underground storage tank system testing requirements).

 (b)  The suspension of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.

 (c)  The Department may require that the person successfully complete a special training program sponsored or approved by the Department designed to strengthen the specific weakness in the certified installer’s or certified inspector’s duties, as required under the act or this part identified in the suspension order. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under §  245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training program.

 (d)  A certified installer or certified inspector shall surrender certification documents to the Department upon notification of suspension.

 (e)  The Department may reinstate the certification if:

   (1)  The cause for the suspension has been removed.

   (2)  The person is competent to execute duties and responsibilities for which certification was issued.

Source

   The provisions of this §  245.108 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (347241) to (347242) and (331013).

Cross References

   This section cited in 25 Pa. Code §  245.109 (relating to revocation of certification).

§ 245.109. Revocation of certification.

 (a)  The Department may revoke the certification of a certified installer or certified inspector if the certified installer or certified inspector has done one or more of the following:

   (1)  Demonstrated a willful disregard of, or willful or repeated violations of the act or this chapter.

   (2)  Willfully submitted false information to the Department.

   (3)  Committed an act requiring suspension under §  245.108 (relating to suspension of certification) after having certification suspended previously.

 (b)  The revocation of a certification in a single category shall prevent the person from engaging in activities in all categories of certification.

 (c)  A certified installer or certified inspector shall surrender certification documents to the Department upon notification of revocation.

Source

   The provisions of this §  245.109 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735. Immediately preceding text appears at serial page (206971).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); and 25 Pa. Code §  245.122 (relating to applications for company certification).

§ 245.110. Certification of installers.

 (a)  An installer certification authorizes the person to whom it is issued to conduct tank handling activities or tightness testing activities pertaining to storage tank systems or storage tank facilities in one or more of the categories in subsection (b).

 (b)  Installer certifications may be issued for the following categories:

   (1)  Underground storage tank system installation and modification {UMX}. Installation and modification of underground storage tank systems including the tank and all associated ancillary equipment, appurtenances, corrosion protection systems, structural components and foundations. This category also includes conducting preinstallation air pressure tests for underground storage tank systems, overfill prevention equipment evaluations, containment sump and spill prevention equipment testing, and release detection equipment testing.

   (2)  Underground storage tank system minor modification {UMI}. Limited to the performance of minor modifications of underground storage tank systems. This category also includes conducting overfill prevention equipment evaluations, containment sump and spill prevention equipment testing, and release detection equipment testing.

   (3)  Underground storage tank system removal {UMR}. Removal from service of underground storage tank systems.

   (4)  Underground storage tank system tightness tester {UTT}. Tightness testing activities involved in conducting and interpreting results of volumetric and nonvolumetric tests on underground storage tank systems. This category also includes containment sump and spill prevention equipment testing and release detection equipment testing.

   (5)  Aboveground manufactured metallic storage tank system installation and modification {AMMX}. Installation and modification of aboveground manufactured metallic storage tank systems, including the tank and all associated ancillary equipment, appurtenances and corrosion protection systems. This category also covers foundations, containment structures and structural components when they are designed by an engineer qualified in civil construction or when installing small aboveground UL-labeled tanks with manufacturer’s installed self-containment or diking systems.

   (6)  Aboveground nonmetallic storage tank system installation and modification {AMNX}. Installation and modification of aboveground nonmetallic storage tank systems, including the tank and all associated ancillary equipment and appurtenances. This category also covers foundations and structural components when they are designed by an engineer qualified in civil construction or as specified by the tank manufacturer.

   (7)  Aboveground manufactured storage tank system removal {AMR}. Removal from service of aboveground manufactured storage tank systems.

   (8)  Aboveground field constructed metallic storage tank installation, modification and removal {AFMX}. Installation, modification and removal of aboveground field constructed metallic storage tanks and corrosion protection systems. This category also covers the modification of tank shell components of an aboveground manufactured metallic storage tank.

   (9)  Aboveground field constructed storage tank system removal {AFR}. Removal from service of aboveground field constructed and manufactured aboveground storage tank systems.

   (10)  Aboveground storage tank system mechanical installation, modification and removal {AMEX}. Installation, modification and removal of tank related mechanical appurtenances, including valves, fill piping, suction piping, foam system piping, pumps, corrosion protection systems, release detection systems, and spill and overfill prevention systems that are components of an aboveground storage tank system.

   (11)  Aboveground storage tank system civil {ACVL}. Installation and modification of tank related structural components, including foundations, dike walls, field grading, above and below grade vaults, pump supports, pipe supports, corrosion protection systems and drainage systems associated with an aboveground storage tank system.

   (12)  Storage tank liner {TL}. Activities involved in installation or modification of internal linings for underground and aboveground storage tank systems and the evaluation of underground storage tank linings as required in §  245.422(b)(1)(ii) (relating to upgrading of existing underground storage tank systems).

Source

   The provisions of this §  245.110 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331014) to (331015).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); and 25 Pa. Code §  977.19 (relating to certified company fees).

§ 245.111. Certified installer experience and qualifications.

 (a)  An applicant shall meet the following minimum experience, education, training or certification requirements and have completed the required number of activities in the appropriate category for an initial installer category certification:

Category Experience, Education, Training or Certification Total Number of Activities Completed
UMX 2 years, or college degree and 1 year Technical training or UMI certification 10 installations or  major modifications  (at least 5  installations) 10 installations or  major modifications  (at least 5  installations)
UMI 2 years, or college degree and 1 year Technical training 10 minor modifications
UMR 2 years, or college degree and 1 year Technical training 6 removals
UTT Department-approved training with testing equipment manufacturer’s certification None
AMMX 2 years, or college degree and 1 year Technical training or UMX certification Technical training or AFMX certification 10 installations or  major modifications  (at least 5  installations) None None
AMNX 2 years, or college degree and 1 year Technical training or AMMX certification 10 installations or  major modifications  (at least 5  installations) 6 AST installations
AMR 2 years, or college degree and 1 year Technical training or UMR certification or AFR certification 6 removals None None
AFMX 3 years, or college degree and 2 years Technical training 12 which may be  installations or major  modifications
AFR 2 years, or college degree and 1 year Technical training 6 removals
AMEX 3 years, or college degree and 2 years Technical training 12 installations or  modifications  (at least 6  installations)
ACVL 3 years, or college degree and 2 years Technical training 12 installations or  modifications  (at least 6  installations)
TL 2 years Manufacturer’s certification 9 tank linings

 (b)  The total number of activities completed required by subsection (a) shall have been completed within the 3-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities. Noncertified individuals may work at the site but the certified installer is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.

 (c)  A college degree being substituted for experience shall be, at a minimum, a bachelor’s degree in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, hydrology, geology or an equivalent degree as determined by the Department.

 (d)  The total experience requirement for underground storage tank-tightness tester {UTT} shall be demonstrated through the submission of proof of successful completion of a training program sponsored or approved by the Department and possession of a current equipment manufacturer’s certification for a specific method of testing. The Department’s UTT certification is limited to the specific method of testing included in the equipment manufacturer’s certification. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under §  245.141 (relating to training approval), for all sections of all qualifying tests given as part of the training course.

 (e)  Except for UTT, the total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.

 (f)  In the category for aboveground field constructed metallic storage tank {AFMX}, for installation or reconstruction activities involving tanks greater than 90 feet in diameter, each activity shall count as two installations for purposes of meeting the total number of activities requirement.

 (g)  The technical training required by subsection (a) shall be completed during the experience interval and shall be demonstrated through the submission of proof of successful completion of a category-specific training course approved by the Department in accordance with §  245.141. Successful completion means attendance at all sessions of the training and attainment of the minimum passing grade for the approved course.

 (h)  The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR 1910 (relating to occupational and health standards for industry).

Source

   The provisions of this §  245.111 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; corrected January 6, 1995, effective December 24, 1994, 25 Pa.B. 17; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331015) to (331018).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); 25 Pa. Code §  245.104 (relating to application for installer or inspector certification); 25 Pa. Code §  245.114 (relating to renewal and amendment of certification); and 25 Pa. Code §  245.142 (relating to training courses).

§ 245.112. Certification of inspectors.

 (a)  An inspector certification authorizes the person to whom it is issued to conduct inspection activities for storage tank systems and storage tank facilities in one or more of the categories in subsection (b).

 (b)  Inspector certifications may be issued for the following categories:

   (1)  IUM underground storage tank systems and storage tank facilities. This category also includes containment sump and spill prevention equipment testing and release detection equipment testing.

   (2)  IAM aboveground manufactured storage tank systems and storage tank facilities.

   (3)  IAF aboveground field constructed and aboveground manufactured storage tank systems and storage tank facilities.

Source

   The provisions of this §  245.112 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 (331018).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification).

§ 245.113. Certified inspector experience and qualifications.

 (a)  An applicant shall meet the following minimum experience, education, training or certification requirements, and have completed the required number of activities in the appropriate category for an initial inspector category certification:

Category Experience, Education, Training or Certification Total Number of Activities Completed
IUM 4 years, or college degree and 2 years and Department-approved tank tightness testing familiarization course or UTT certification and UMX certification and Corrosion protection training None
IAM 4 years, or college degree and 2 years API 653 certification or STI inspector certification or Department-approved aboveground storage tank inspector certification None
IAF 4 years, or college degree and 2 years API 653 certification or Department-approved aboveground storage tank inspector certification 12 integrity or construction inspections

 (b)  The total number of activities completed required by subsection (a) shall have been completed within the 3-year period immediately prior to submitting the application for certification. The activities shall have been completed in compliance with Federal and State requirements and the applicant shall have had substantial personal involvement at the storage tank site in the activities.

 (c)  A college degree being substituted for experience shall be, at a minimum, a bachelor’s degree in civil engineering, mechanical engineering, environmental engineering, petroleum engineering, chemical engineering, structural engineering, geotechnical engineering, corrosion engineering, hydrology, geology or an equivalent degree as determined by the Department.

 (d)  The total number of activities completed required by subsection (a) may be met through the conducting of inspection activities. Noncertified individuals may work at the site but the certified inspector is directly responsible to assure that the activities are conducted properly. This work qualifies toward the total number of activities completed requirements.

 (e)  The total experience requirement is experience gained working at a storage tank site while working towards the total number of activities completed requirement.

 (f)  Corrosion protection training required for IUM certification shall be documented by completion of a Nationally recognized training course in the area of cathodic protection or corrosion protection, or other training as approved by the Department.

 (g)  When conducting an aboveground storage tank structural integrity inspection on an aboveground field constructed metallic storage tank, the Department-certified inspector shall also possess API Standard 653 (Tank Inspection, Repair, Alteration and Reconstruction Certification).

 (h)  The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR Part 1910 (relating to occupational safety and health standards).

 (i)  A certified inspector of underground storage tanks (IUM) shall complete Department-provided inspector training prior to conducting inspections on underground storage tank systems as required in §  245.411 (relating to inspection frequency).

 (j)  A certified inspector of aboveground storage tanks (IAF and IAM) shall complete Department-provided inspector training prior to conducting installation, modification, in-service and out-of-service inspections on aboveground storage tank systems as required under § §  245.551—245.554 and 245.616.

Source

   The provisions of this §  245.113 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331018) to (331020).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); 25 Pa. Code §  245.104 (relating to application for installer or inspector certification); and 25 Pa. Code §  245.114 (relating to renewal and amendment of certification).

§ 245.114. Renewal and amendment of certification.

 (a)  Certification categories will have a uniform expiration date of 3 years from the issuance date of the first category obtained or renewed after January 9, 2008.

 (b)  The issued certification will be valid for 3 years from the previous expiration date, unless suspended or revoked before that date.

 (c)  An applicant shall meet the following training requirements in the appropriate category for renewal of installer certification:

Category Training
UMR Examination or Technical training Administrative training
UMX Examination or Technical training Administrative training
UMI Examination or Technical training Administrative training
UTT Testing equipment manufacturer’s certification Administrative training
AMMX Examination or Technical training Administrative training
AMNX Examination or Technical training Administrative training
AFMX Examination or Technical training Administrative training
AFR Examination or Technical training Administrative training
AMR Examination or Technical training Administrative training
AMEX Examination or Technical training Administrative training
ACVL Examination or Technical training Administrative training
TL Manufacturer’s certification Administrative training

 (d)  An applicant shall meet the following requirements in the appropriate category for renewal of inspector certification:

Category Qualifications and Training
IUM Department inspector training
IAM API 653 certification or STI Inspector certification or Department-approved inspector certification and Department inspector training
IAF API 653 certification or Department-approved inspector certification and Department inspector training

 (e)  Technical, administrative and inspector training must be obtained within 2 years prior to application submission.

   (1)  Administrative and inspector training will be provided by the Department.

   (2)  Technical training is category-specific and must be approved by the Department in accordance with §  245.141 (relating to training approval).

 (f)  An applicant for renewal shall:

   (1)  Submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date or examination test date. Applicants who fail to submit a renewal application within 60 days following the expiration date shall meet the experience, qualifications and examination requirements for initial certification as required in §  245.111 or §  245.113 (relating to certified installer experience and qualifications; and certified inspector experience and qualifications) and the requirements in §  245.105 (relating to certification examinations).

   (2)  The applicant shall certify completion of safety training which is appropriate for the certification category. Training must be in accordance with regulatory requirements and industry standards and procedures such as Occupational Safety and Health Administration requirements in 29 CFR Part 1910.

   (3)  Successfully complete training programs which may be required by the Department. Successful completion means attendance at all sessions of training and attainment of the minimum passing grade established by the Department in the approval of the training course under §  245.141 for all sections of all qualifying tests given as part of the training course.

 (g)  A certified installer or certified inspector shall notify the Department and seek amendment of the certification from the Department whenever:

   (1)  There is a change in the information provided in the application for the certification. This request shall be made within 14 days from the date of a change in information.

   (2)  The certified installer or certified inspector wishes to conduct tank handling or inspection activities in installer or inspector certification categories other than those approved by the Department as set forth on the certification.

   (3)  The certified installer or certified inspector wishes to eliminate installer or inspector certification categories from the certification.

   (4)  The EQB amends certification categories or qualification requirements and establishes a phase-in period for the new requirements.

 (h)  Certified installers or certified inspectors required to amend their certifications in accordance with paragraph (1) or (3) shall apply for amendment on a form provided by the Department.

 (i)  Certified installers or certified inspectors required to amend their certifications in accordance with subsection (g)(2) shall comply with the applicable requirements in this chapter related to application, experience, qualifications and examination.

Source

   The provisions of this §  245.114 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331020) to (331023).

Cross References

   This section cited in 25 Pa. Code §  245.142 (relating to training courses).

COMPANY CERTIFICATION


§ 245.121. Certification of companies.

 A company may not perform or employ a certified installer or certified inspector to perform tank handling, tightness testing or inspection activities unless the company holds a valid certification issued by the Department under this chapter and the company verifies that the certified installer or certified inspector holds a valid certification issued under this chapter for the appropriate category.

Source

   The provisions of this §  245.121 adopted September 20, 1991, effective September 21, 1991, 21 Pa.B. 4345; corrected September 27, 1991, effective September 21, 1991, 21 Pa.B. 4405; 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 pages (331023) to (331024).

§ 245.122. Applications for company certification.

 (a)  Applications for certification shall be submitted to the Department on forms provided by the Department and include information that will enable the Department to determine if issuance of the certification conforms to the act and this chapter. The following information shall be included:

   (1)  The full name, address and telephone number of the company.

   (2)  The names held by the company within the previous 7 years.

   (3)  Information on previous certification revocations under § §  245.109 and 245.124 (relating to revocation of certification; and revocation of company certification) of company officers, the company and the company under a previous or fictitious name.

   (4)  Identification of industry or government licenses or certifications held by the company and the officers of the company relating to underground or aboveground storage tanks.

   (5)  The names and certification numbers of all certified installers and certified inspectors employed by the company.

   (6)  A statement signed by a person authorized to bind the company certifying that the company:

     (i)   Has obtained a copy of the act and this chapter.

     (ii)   Will comply with the act and this chapter and will direct the employees, principals and agents of the company to perform tank handling and inspection activities in a manner that is consistent with the act and this chapter.

   (7)  Other information necessary for a determination whether the issuance of a certification conforms to the requirements of the act and this chapter.

 (b)  Applications shall be complete upon submission.

 (c)  The Department may not issue company certification if one or more of the following apply:

   (1)  The company is found to be in violation of the act or this chapter.

   (2)  The company certification was previously revoked under §  245.124.

   (3)  An officer of the company has had their individual certification revoked under §  245.109.

   (4)  An officer of the company was an officer in a company whose company certification was revoked under §  245.124 at the time the conduct resulting in revocation occurred.

Source

   The provisions of this §  245.122 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (234692).

§ 245.123. Suspension of company certification.

 (a)  The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:

   (1)  A violation of the act or this chapter by the company or a certified installer or certified inspector employed by the company.

   (2)  Incompetency on the part of the company as evidenced by errors in executing duties and responsibilities for which the certification was issued.

   (3)  Failure to meet one or more of the standards of performance in §  245.132 (relating to standards of performance).

   (4)  A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.

   (5)  Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.

   (6)  Failure to provide oversight of employee certification applications, tank handling and inspection reports.

   (7)  Submission of false information to the Department or tank owner.

   (8)  Failure to have a properly certified installer in direct onsite supervision and control of a tank handling activity.

 (b)  A certified company shall surrender certification documents to the Department upon notification of suspension.

 (c)  The Department may reinstate the certification if the following apply:

   (1)  The certified company and certified installers and certified inspectors employed by the certified company are competent to execute the duties and responsibilities for which certification was issued.

   (2)  The cause for the suspension has been removed.

 (d)  Suspension of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities during the suspension.

Source

   The provisions of this §  245.123 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 (331025).

§ 245.124. Revocation of company certification.

 (a)  The Department may revoke the certification of a certified company for one or more of the following conditions:

   (1)  A willful disregard for, or willful or repeated violations of the act or this chapter.

   (2)  The certification of an installer or inspector employed by the company is revoked.

   (3)  There has been a prior suspension of the certification.

   (4)  Willfully submitting false information to the Department.

 (b)  Revocation of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities.

 (c)  A certified company shall surrender certification documents to the Department upon notification of revocation.

Source

   The provisions of this §  245.124 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (313739).

Cross References

   This section cited in 25 Pa. Code §  245.122 (relating to applications for company certification).

§ 245.125. Renewal and amendment of company certification.

 (a)  Company certification shall be for 3 years from the date of issuance unless suspended or revoked before that date. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.

 (b)  A certified company shall notify the Department and file an amendment to its company certification on a form approved by the Department whenever there is a change in the information provided in the application for the certification. This form shall be submitted within 14 days of the date of a change in information.

Source

   The provisions of this §  245.125 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (313739).

STANDARDS OF PERFORMANCE


§ 245.131. Validity of certification.

 A certificate will not be valid if it is obtained through fraud, deceit or the submission of inaccurate data or qualifications.

§ 245.132. Standards of performance.

 (a)  Certified companies, certified installers and certified inspectors shall:

   (1)  Maintain current technical and administrative specifications and manuals, Nationally recognized codes and standards, and State and Federal regulations which pertain to the categories for which certification was issued. Nationally recognized organizations are identified in § §  245.405, 245.504 and 245.604 (relating to codes and standards; referenced organizations; and referenced organizations).

   (2)  Complete and submit to the Department a Department-approved form certifying that the tank handling activity or inspection activity conducted by the certified installer or certified inspector meets the requirements in the act and this chapter and accurately describing the conditions of the storage tank system and facility in accordance with the following requirements:

     (i)   Submit a report of an inspection activity to the Department within 60 days of conducting an inspection activity, except for a report of modification inspection activities, which must be reported to the Department within 30 days of conducting a modification inspection activity.

     (ii)   Submit a report of a tank handling activity to the Department within 30 days of conducting the tank handling activity.

     (iii)   For tank handling activities or inspection activities involving multiple certified individuals and certification categories, submit a report of tank handling activities or inspection activities within 30 days of the completion of all project tank handling or inspection activities.

   (3)  Maintain complete records of tank handling and inspection activities, nondestructive examination and testing results and tightness testing records for a minimum of 10 years.

   (4)  Report the following to the Department while performing services as a certified installer or certified inspector:

     (i)   A release of a regulated substance.

     (ii)   Suspected or confirmed contamination of soil, surface or groundwater from regulated substances.

     (iii)   A regulated substance observed in a containment structure or facility.

   (5)  Report to the Department a failed test of spill prevention equipment, containment sumps and overfill prevention equipment conducted as required in this chapter.

   (6)  As required under paragraphs (4) and (5), notify the Department in writing within 48 hours of performing the failed test or observing a release of a regulated substance, suspected or confirmed contamination, or a regulated substance in a containment structure or facility on a form provided by the Department. If the notification is being submitted because of a failed valid tightness test, spill prevention equipment test, containment sump test or overfill prevention evaluation, a copy of the test results must also be provided to the Department with the notification report.

   (7)  Perform certified installer or certified inspector activities so that there is no release of regulated substances or contamination of soil, surface or groundwater caused by regulated substances from a storage tank system or storage tank facility.

   (8)  Adhere to equipment manufacturer’s instructions, accepted industry standards and applicable industry codes of practice when performing tank handling, tightness testing or inspection activities or other nontank handling activities on the project.

   (9)  Provide requested records and documentation to the Department under section 107(c) of the act (35 P.S. §  6021.107(c)).

 (b)  A company that employs an individual certified in the UMX, UMR, UMI or UTT category or an individual certified in the UMX, UMR, UMI or UTT category who is not employed by a certified company shall participate in the Tank Installer Indemnification Program (TIIP) as required under section 704(a)(1) of the act (35 P.S. §  6021.704(a)(1)) and shall provide timely payment of TIIP fees as required under section 705(d)(1) and (e) of the act (35 P.S. §  6021.705(d)(1) and (e)) and §  977.19(b) (relating to certified company fees for the Underground Storage Tank Indemnification Fund).

 (c)  Certified companies, certified installers and certified inspectors may not:

   (1)  Affix the certified installer’s or certified inspector’s signature or certification number to documentation concerning the installation or inspection of a component of a storage tank system project or to documentation concerning tank handling or inspection activity as required under the act and this chapter unless:

     (i)   The storage tank system project was performed by the certified installer or under the installer’s direct, onsite supervision and control.

     (ii)   Inspection activities were conducted on the storage tank system project by the certified inspector, or under the inspector’s direct, onsite supervision and control.

     (iii)   Installation or modification inspection activities were conducted on a large or field-constructed aboveground storage tank and the certified inspector was involved prior to the initiation of the project and was present at critical times so that the inspector can reliably determine that all of the following requirements were met:

       (A)   Industry standards and project specifications were followed throughout the tank handling activity.

       (B)   Appropriate testing and nondestructive examinations were properly conducted.

       (C)   The tank is suitable for operational service.

   (2)  Certify to an owner or operator or the Department that a storage tank system project or component thereof is complete unless it complies with the act and this chapter. Project certification applies to certified activities and nontank handling activities that may have been performed as part of the project.

 (d)  A certified installer or certified inspector shall display the Department-issued certification identification card or certificate upon request.

 (e)  A certified company is responsible for employees having appropriate safety and technical training. Certified companies, certified installers and certified inspectors shall adhere to health and safety procedures, such as those required by the Federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

Source

   The provisions of this §  245.132 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 pages (331026) to (331028).

Cross References

   This section cited in 25 Pa. Code §  245.31 (relating to underground storage tank system testing requirements); 25 Pa. Code §  245.108 (relating to suspension of certification); and 25 Pa. Code §  245.123 (relating to suspension of company certification).

TRAINING APPROVAL


§ 245.141. Training approval.

 (a)  Providers of training for which approval is required under this chapter shall, at least 120 days prior to the scheduled date of the training program, request approval from the Department for the training program.

 (b)  An application for approval must include the following information:

   (1)  The name and address of the person offering the training.

   (2)  The title of the course.

   (3)  The name, title, affiliation and professional background of each course instructor and a detailed outline of the course which includes a description of the subject matter to be presented, the order of presentation and the amount of time scheduled for the presentation.

   (4)  A narrative describing the preparation and administration of a test to be given at the conclusion of the course. This test must test the participant’s knowledge of the technical, administrative and legal requirements related to the subject matter of the course. The narrative must also describe a procedure for conducting and grading of the test that assures careful monitoring and expeditious transmission of test results to the applicant and the Department.

   (5)  Other information necessary for a determination that the training program conforms to the act and this chapter such as copies of presentations, presenter notes, training handouts or references.

 (c)  Training approval shall be for 3 years from the date of issuance. An applicant for renewal shall submit a completed application for renewal to the Department 60 to 120 days prior to the expiration date.

 (d)  The Department may approve industry recognized training without the submission of an application as provided in subsection (a).

Source

   The provisions of this §  245.141 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 (347243).

Cross References

   This section cited in 25 Pa. Code §  245.102 (relating to requirement for certification); 25 Pa. Code §  245.108 (relating to suspension of certification); 25 Pa. Code §  245.111 (relating to certified installer experience and qualifications); 25 Pa. Code §  245.114 (relating to renewal and amendment to certification); 25 Pa. Code §  245.411 (relating to inspection frequency); and 25 Pa. Code §  245.436 (relating to operator training).

§ 245.142. Training courses.

 (a)  Technical training for initial category-specific certification in §  245.111 (relating to certified installer experience and qualifications) must be based on Nationally-recognized codes and standards in conjunction with manufacturers specifications.

 (b)  Technical training for renewal of category-specific certification in §  245.114(c) (relating to renewal and amendment of certification) must at a minimum review the technical and regulatory material appropriate for the certification category.

Source

   The provisions of this §  245.142 adopted November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979.



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