reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter F - TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES › CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS › Section 245.561 - Permanent closure or change-in-service

Current through Register Vol. 54, No. 28, July 13, 2024
Before permanent closure or change-in-service is
							 completed, the owner and operator shall comply with the following:
(1) At least 30 days before beginning either
						  a permanent closure or change-in-service, or within a lesser time as determined
						  by the Department, the owner and operator shall notify the Department of their
						  intent to permanently close or perform a change-in-service, unless the action
						  is in response to a corrective action or waived by the Department.
(2) The owner shall complete and submit an
						  amended tank registration form, signed by the owner and the certified installer
						  that provided direct onsite supervision of the tank handling activity, to the
						  Department within 30 days of either of the following:
(i) The completion of permanent
						  closure.
(ii) Change-in-service of
						  the tank.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter F - TECHNICAL STANDARDS FOR ABOVEGROUND STORAGE TANKS AND FACILITIES › CLOSURE AND REMOVAL FROM SERVICE REQUIREMENTS › Section 245.562 - Temporary removal from service (out-of-service)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner and operator shall complete and
						  submit an amended registration form to the Department within 30 days after the
						  change in tank status.
(b) An
						  aboveground storage 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) An
						  aboveground storage tank shall be secured against unauthorized entry and all
						  piping entering or exiting the tank, excluding vents, shall be capped or
						  blinded.
(d) Aboveground storage
						  tank system 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) Aboveground storage
						  tanks shall be permanently closed within 5 years of being placed temporarily
						  out-of-service unless the owner requests in writing an extension to the
						  temporary out-of-service period and the Department approves the
						  request.
(g) The Department may
						  impose conditions and require submission of documentation when reviewing and
						  approving a request for an extension of the temporary out-of-service period,
						  including:
(1) Requirements for inspection
						  under §§
														245.552 and
						  245.553 (relating to in-service
						  inspections; and out-of-service inspections).
(2) Site assessment under §
														245.561 (relating to permanent
						  closure or change-in-service).
(3)
						  Other considerations determined by the Department to be necessary to ensure the
						  integrity of the aboveground storage tank.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.601 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes a simplified program of
							 technical standards and requirements for small aboveground storage tanks not
							 exceeding 21,000 gallons capacity and regulated under the act. Regulated
							 aboveground storage tanks are defined in §
													245.1 (relating to
							 definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.602 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The standards and requirements established in this
							 subchapter shall be applied through the use of appropriate current codes of
							 practice developed by Nationally recognized associations such as, but not
							 limited to, those referenced in §
													245.604 (relating to referenced
							 organizations) and through the use of manufacturer's specifications and sound
							 engineering practices. This subchapter is not intended to supersede other State
							 and Federal regulations or jurisdictional requirements when they are more
							 restrictive than the requirements in this part. For certain types of tanks this
							 subchapter may make reference to the requirements for aboveground storage tanks
							 in Subchapter F (relating to technical standards for aboveground storage tanks
							 and facilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.603 - General storage tank facility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner and operator of a storage tank
						  facility 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 in sections 901-904 of the act (35 P.S.
						  §§
														6021.901-6021.904). Plan
						  revisions or any addendum to the initial Plan shall be submitted to the
						  Department in writing or electronically within 180 days of any occurrences as
						  described in section 901(b) of the act. A current copy of the Plan shall be
						  readily available at the storage tank facility at all times.
(b) The owner and operator of a storage tank
						  facility are 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 may include,
						  but are not limited to, fencing, lighting, access control, locked entrances and
						  securing of valves, drains and dispensers.
(c) The owner and operator of a storage tank
						  facility with an aggregate aboveground storage capacity greater than 21,000
						  gallons shall maintain a written or electronic log. At a minimum, each log
						  entry must identify the name of the individual performing tank handling and
						  inspection activities, the individual's signature or equivalent verification of
						  presence onsite, the company name, the date of work, start and end times, and a
						  brief description of work performed, including tank identification.
This section cited in 25 Pa. Code §
															245.615 (relating to recordkeeping
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.604 - Referenced organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.605 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Existing aboveground storage tanks that become
							 regulated due to the addition of new regulated substances as defined in §
													245.1 ((relating to definitions)
							 (see subparagraph (iii)(A) and (B))) are subject to the requirements in this
							 chapter and shall be registered with the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › GENERAL › Section 245.606 - Variances

Current through Register Vol. 54, No. 28, July 13, 2024
When unique or peculiar circumstances make compliance
							 with this subchapter technically impractical, infeasible or unsafe, the
							 Department may, upon written application from the owner 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 must
						  provide all of 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 under 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 under
						  subparagraph (ii).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.611 - Testing requirements for new and substantially modified small aboveground storage tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Aboveground
						  storage 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 in 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) Aboveground storage 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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.612 - Performance and design standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Aboveground storage tanks shall be
						  designed, constructed and installed or modified in accordance with current
						  codes of practice developed by Nationally recognized associations 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) Aboveground storage 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 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 aboveground storage tank system.
(d) Aboveground storage 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) Permanently installed spill prevention
						  equipment at the tank fill point or containment at the remote fill
						  point.
(2) An overfill alarm or
						  prevention device or monitoring gauge and written shutdown procedure.
(3) Block valves on product lines.
(4) Solenoid valve or antisiphon device, if
						  applicable.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.613 - Monitoring standards

Current through Register Vol. 54, No. 28, July 13, 2024
(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 and 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 and operator shall assure that
						  a maintenance and general operations check of the aboveground 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 and 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 aboveground storage tank system for deterioration, including
						  the tank, piping, ancillary equipment, foundation, containment structure or
						  facility, 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) Verification of the
						  functionality 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 aboveground storage tank system.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.614 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.615 - Recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  owner and operator shall maintain required aboveground 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 aboveground storage tank system unless
						  otherwise stated:
(1) Original aboveground
						  storage tank system installation records and design specifications. This
						  requirement is limited to records currently available for aboveground storage
						  tank systems installed on or before October 11, 1997.
(2) Records of modification to the
						  aboveground 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) Leak
						  detection records and maintenance checklists for the past 12 months.
(6) Third-party inspection reports.
(7) Documentation of investigations of
						  suspected releases in accordance with §
														245.304 (relating to investigation
						  and reporting of suspected releases).
(8) Written or electronic log entry
						  information as required under §
														245.603(c)
						  (relating to general storage tank facility requirements).
(9) Documentation of the last three impressed
						  current cathodic protection system checks for each 60-day period in accordance
						  with §
														245.613 (relating to monitoring
						  standards).
(10) The last two
						  cathodic protection surveys, done at 3-year intervals on galvanic and annually
						  on impressed current cathodic protection systems in accordance with §
						  245.613.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.616 - Inspection requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Required inspections of small aboveground storage tank systems shall be
						  conducted by Department-certified aboveground storage tank inspectors according
						  to a current Nationally recognized association's code of practice 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 modifications or repairs 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 aboveground storage tank shell or the tank bottom
						  plates.
(c) Except as provided in
						  paragraph (2), the owner and operator of small aboveground storage tanks
						  storing regulated substances with a capacity greater than 5,000 gallons and
						  owners and operators of small aboveground storage tanks storing highly
						  hazardous substances with a capacity greater than 1,100 gallons shall have
						  in-service inspections conducted every 5 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.
(1) Aboveground storage tanks installed after
						  December 22, 2018, shall be initially inspected within 5 years of
						  installation.
(2) Existing
						  aboveground storage tank systems with scheduled in-service inspections after
						  December 21, 2023, shall be inspected by the next currently scheduled
						  in-service inspection date, unless notified otherwise by the Department.
						  Subsequent in-service inspections shall be conducted in accordance with this
						  section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.617 - Temporary removal from service (out-of-service)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner and operator shall complete and
						  submit an amended registration form to the Department within 30 days after the
						  change in tank status.
(b) The
						  owner and operator shall empty the aboveground storage tank system of regulated
						  substances and conduct a visual examination of the area surrounding the tank as
						  required under §
													245.618(b)
						  (relating to permanent closure or change-in-service), excluding the surface and
						  soil underlying any tank bottom in contact with the ground before placing the
						  tank in temporary removal from service status.
(c) Monitoring standards in §
													245.613(a) 
						  (relating to monitoring standards) are not required when an aboveground storage
						  tank is reported to the Department as temporarily removed from
						  service.
(d) Inspection
						  requirements shall be maintained as specified in §
													245.616 (relating to inspection
						  requirements). In-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.
(e) Aboveground storage tanks shall be
						  permanently closed within 5 years of being placed temporarily out-of-service
						  unless the owner requests in writing an extension to this temporary removal
						  from service period and the Department approves the request.
(f) The Department may impose conditions and
						  require submission of documentation when reviewing and approving a request for
						  an extension of the temporary removal from service period, including:
(1) Requirements for inspection under §
						  245.616.
(2) Site assessment under
						  §
														245.561 (relating to permanent
						  closure or change-in-service) or § 245.618(b).
(3) Other considerations determined by the
						  Department to be necessary to ensure the integrity of the aboveground storage
						  tank.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter G - SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS › TECHNICAL REQUIREMENTS › Section 245.618 - Permanent closure or change-in-service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Aboveground storage tank systems shall be
						  cleaned, rendered free from hazardous vapors and ventilated if left onsite or
						  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
						  and reporting 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 aboveground storage tank is located in accordance with
						  §
														245.305 (relating to reporting
						  releases).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.701 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the requirements for an
						  owner or operator of an underground storage tank to comply with the obligation
						  to have adequate financial responsibility, as required by section 701 of the
						  act (35 P. S. §
													6021.701),
						  and by Federal regulations at
						  40 CFR
						  280, Subpart H (relating to financial
						  responsibility).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.702 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to an owner or operator of an
						  underground storage tank regulated under the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.703 - Owner or operator financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The owner of the underground storage tank shall comply
						  with the financial responsibility requirements of this subchapter, unless there
						  is a written agreement between the owner and the operator of the underground
						  storage tank setting forth a different arrangement between the owner and
						  operator for provision of financial responsibility. The liability of the owner
						  or operator established under the act for corrective action and for compliance
						  with the requirements for the operation of underground storage tanks will not
						  be affected by this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.704 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						owner or operator of an underground storage tank shall continuously participate
						in the USTIF by timely paying all applicable fees and conforming with all other
						requirements for participation in the USTIF, unless the EQB has determined that
						the underground storage tank is an exempt underground storage tank.
(b) An owner or operator of an underground
						storage tank shall have sufficient financial resources available to
						continuously meet the USTIF deductibles for both corrective action and third
						party liability as determined in accordance with §
												245.707 (relating to coverage
						amounts for financial responsibility). The deductible coverage must be in a
						method required under section 701(b) of the act (35 P. S. §
													6021.701(b)) including a
						guarantee, surety bond, qualification as a self-insurer, insurance or risk
						retention coverage, letter of credit, indemnity contract, trust fund, stand by
						trust fund, or other method approved or deemed satisfactory by the
						Department.
(c) The owner or
						operator shall have written documentation of the USTIF deductible coverage
						readily available and provide this documentation to the Department upon request
						to demonstrate that the owner or operator has sufficient financial resources to
						meet the USTIF deductible for both corrective action and third party liability
						as determined in accordance with § 245.707.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.705 - Owner and operator liability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter does not limit or waive the liability
						  of an owner or operator for corrective action or for third party
						  liability.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.706 - Underground storage tanks not covered by USTIF

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of an exempt
						underground storage tank shall maintain adequate financial responsibility in
						accordance with 40 CFR
						280, Subpart H (relating to financial
						responsibility).
(b) Upon request
						of the Department, an owner or operator of an exempt underground storage tank
						shall submit a written certification or provide other written evidence to the
						Department that the owner or operator satisfies the requirements of subsection
						(a). The certification shall be made on a form provided by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.707 - Coverage amounts for financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator of an underground storage tank,
						  other than an exempt underground storage tank, shall comply with the financial
						  responsibility requirements of this subchapter by maintaining sufficient
						  financial resources to provide the coverage for both corrective action and
						  third party liability, in the amounts set forth in paragraphs (1) and (2) for
						  the applicable number of tanks:
(1)
For corrective action
:
Number of
									 tanks
Amount of required coverage
1-6
1 x USTIF deductible
7-12
2 x USTIF deductible
13-18
3 x USTIF deductible
19-24
4 x USTIF deductible
25-30
5 x USTIF deductible
31-36
6 x USTIF deductible
37-42
7 x USTIF deductible
43-48
8 x USTIF deductible
49-60
9 x USTIF deductible
61-100
10 x USTIF deductible
101-200
11 x USTIF deductible
201-300
12 x USTIF deductible
301-600
13 x USTIF deductible
over 600
14 x USTIF deductible
(2)
For third party
						liability
:
Number of tanks
Amount of required coverage
1-100
1 x USTIF deductible
over 100
2 x USTIF deductible
This section cited in 25 Pa. Code §
														245.704 (relating to general
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter H - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS AND STORAGE TANK FACILITIES › Section 245.708 - Failure to maintain financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The failure of an owner or operator of an underground
						  storage tank to comply with this subchapter shall subject the owner or operator
						  to the enforcement provisions in sections 1301-1315 of the act (35 P.S.
						  §§
													6021.1301-6021.1315).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.2 - Application of remediation standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter provides remediation
						standards which shall be used whenever site remediation is voluntarily
						conducted or is required under environmental statutes in section 106 of the act
						(35
						P. S. §
													6026.106).
(b) A person who is required to perform a
						site remediation under an enforcement action of the Department shall meet the
						following:
(1) Select one or a combination of
						the background standards contained in Subchapter B (relating to background
						standard), Statewide health standards contained in Subchapter C (relating to
						Statewide health standards) and site-specific standards, contained in
						Subchapter D (relating to site-specific standards).
(2) Demonstrate compliance with the
						substantive, procedural and notice requirements of the act and this
						chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.3 - Management of contaminated media

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Contaminated media removed for reuse,
						treatment or disposal shall be managed in accordance with the Solid Waste
						Management Act (35 P. S. §§
													6018.101-6018.1003), The Clean Streams Law
						(35
						P. S. §§
													691.1-691.1001), the act
						of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§
													6019.1-6019.6), known as the Infectious and
						Chemotherapeutic Waste Law, the Air Pollution Control Act (35 P. S.
						§§
													4001-4015) and the regulations
						thereunder.
(b) The Department may
						waive procedural and operating requirements for onsite remediation activities
						based on a written demonstration of any of the criteria in section 902(b) of
						the act (35 P. S. §
													6026.902).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.4 - Limits related to PQLs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The PQLs
						shall be selected from the PQLs or EQLs specified by the EPA in the most
						current version of the EPA's drinking water or solid waste analytical
						methods.
(b) For regulated
						substances when PQLs or EQLs set by the EPA exceed an MCL or HAL or have a
						health risk that is greater (less protective) than the risk levels set in
						sections 303(c) and 304(b) and (c) of the act (35 P.S. §§
													6026.303(c) and
						6026.304(b) and (c)) and for
						substances when no EQL has been established by the EPA, the PQL shall be
						established by the methodologies in paragraph (1) or (2).
(1) A level set by multiplying 3.18 by the
						published method detection limit (MDL) of the most recently approved EPA
						methodology.
(2) A level set by
						multiplying 3.18 by the instrument-specific MDL. If multiple instruments are
						used, then the PQL is set by averaging the instrument-specific MDLs and
						multiplying that value by 3.18.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.5 - Public notice by applicant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Public
						notice under the background, Statewide health or site-specific standard and
						under a special industrial area cleanup shall be initiated by the applicant
						through an NIR. For remediations proposing the use of a site-specific standard
						or, for remediations under an SIA agreement, the public and the municipality
						where the site is located shall be provided a 30-day period, in the NIR, in
						which the municipality may request to be involved in the development of the
						remediation and reuse plans for the site.
(b) The remedial investigation report, the
						risk assessment report and the cleanup plan, prepared under a site-specific
						remediation, may not be submitted to the Department until after the initial
						30-day public and municipal comment period following the submission of the NIR
						has expired.
(c) The baseline
						environmental report, prepared under an SIA remediation, shall be submitted
						after the initial 30-day public and municipal comment period has
						expired.
(d) For areas not covered
						entirely by a nonuse aquifer areawide certification granted under §
												250.303(f)
						(relating to aquifer determination; current use and currently planned use of
						aquifer groundwater), at the same time a request for a nonuse aquifer
						designation under the Statewide health standard is made to the Department, the
						remediator shall send notice to every municipality and community water supplier
						servicing the area requested for designation as nonuse under §
												250.303(b). The
						notice must include a copy of the request for determination of nonuse aquifer
						submitted to the Department.
(e)
						Upon receipt of notice of a request for a nonuse aquifer designation, the
						municipality and community water supplier shall have 45 days to indicate to the
						Department and the remediator any information relevant to the requirements of
						§ 250.303.
(f) Reasonable
						proof of the mailing of the municipal notices and arranging for the publication
						of newspaper notices, required under sections 302(e), 303(h), 304(n) and 305(c)
						of the act (35 P.S. §§
													6026.302(e),
						6026.303(h), 6026.304(n) and
						6026.305(c)), shall be submitted at the same time the NIR, plan or report is
						submitted to the Department. Examples of reasonable proof include:
(1) A copy of the letter to the municipality
						with a United States Postal Service Certified Mail Receipt, PS Form No.
						3800.
(2) A copy of the proposed
						text of the newspaper notice and the anticipated publication date.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.6 - Public participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The publication date of the summary of the NIR in a newspaper of general
						circulation in the area of the site shall initiate the 30-day public and
						municipal comment period during which the municipality can request to be
						involved in the development of the remediation and reuse plans for a site being
						remediatedto a site-specific standard or for remediation at an SIA.
(b) The person proposing remediation shall be
						responsible for developing and implementing a public involvement plan if both
						of the following circumstances exist:
(1) The
						remediation involves a site-specific standard or an SIA cleanup.
(2) A municipality, through its official
						representatives, has requested, in writing, to be involved in the development
						of the remediation and reuse plans within the 30-day public and municipal
						comment period identified in the notice to the municipality and the newspaper
						notice.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.7 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Resubmission of
						a cleanup plan, remedial investigation, risk assessment or final report will
						require payment of the appropriate fee identified in the act for each
						resubmission.
(b) The Department
						will disapprove a plan or report that is submitted without the appropriate
						fee.
(c) The Department may waive
						the fee for resubmission of a plan or report if the resubmission is related to
						correcting minor administrative or technical deficiencies. The fee waiver is
						limited to the following:
(1) One time for
						each plan or report to correct administrative deficiencies if the corrections
						are made within 15 days of notice of the deficiencies by the
						Department.
(2) One time for each
						plan or report to correct technical deficiencies if the corrections are made
						within 60 days of notice of the deficiencies by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.8 - Publication

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will publish a notice of its final
						  actions on plans and reports in the
Pennsylvania
						  Bulletin
.