UNDERGROUND STORAGE TANKS

PENNSYLVANIA AMENDS STORAGE TANK PROGRAM
ASTs REGULATED FOR THE FIRST TIME; USTs ALSO AFFECTED

Pennsylvania Title 25 Chapter 245, the Storage Tank and Spill Prevention Program, has been amended with significant changes, including revisions to the underground storage tank (UST) regulations, adoption of a permitting program for tanks, and two new subchapters concerning aboveground storage tanks (ASTs). The changes are significant and all tank owners should understand the requirements of the new regulations. The following summarizes the most significant changes:

SUBCHAPTER A. GENERAL PROVISIONS

One of the significant amendments to this section involves the adoption, by reference, of Federal Regulations at 40 CFR Part 280, Subpart I (relating to lender liability). By adopting this rule by reference, the Department will have regulations in place that provide clear protection to lending institutions who hold a financial interest in facilities with USTs. Through this rule, lending institutions should be more willing to take possession of forfeited underground storage tank sites, to loan money for upgrades and to invest in the development of new sites. This provision works well with the Pennsylvania Land Recycling Program.

SUBCHAPTER C. PERMITTING OF USTs & ASTs

As a matter of rule, a person may not operate an aboveground or underground storage tank system unless the person has first applied for and received a permit for the activity from the Department. The new regulations do have a provision which allows specific tank systems (AST & UST) to qualify for a permit-by-rule. Manufactured USTs which store petroleum products and ASTs of 21,000 gallons or less, storing non-highly hazardous substances, are included in the permit-by-rule category. It is critical to keep in mind that the permit-by-rule provision requires compliance with all administrative, technical, and operational requirements of the regulations. The basic requirements for complying with permit-by-rule provisions include annually registering the tank, using certified individuals for inspections and tank handling activities; meeting applicable technical, administrative and operational requirements; submitting a current spill prevention and response plan, if required; meeting applicable financial responsibility requirements; and following corrective action procedures, where necessary.

The new permitting regulations allow existing storage tank systems to continue to operate until the Department requests a permit application or permitting information, so long as the system is operated in compliance with applicable rules, regulations and laws of the Department.

Since operating permits will be renewed on an annual basis concurrent with registration, no additional paperwork or fee beyond the registration requirements, will be incurred by the tank owner.

Another important note in the regulations is that ASTs and USTs (unless specifically regulated by Federal law) storing heating oil for consumptive use on the premises where stored are exempt from all provisions of this rulemaking.

For tanks that do not meet the requirements of the permit-by-rule provision, a General Operating Permit must be followed instead. Operational requirements under this permit are the same as those for a permit-by-rule, with the exception that all large ASTs (greater than 21,000 gallons) are required to have a current Spill Prevention and Response Plan (SPRP). Facilities must apply to operate under the General Operating Permit.

The third, and final type of permit, is a site-specific installation permit. These permits are required prior to construction of new AST facilities in excess of 21,000 gallons, or new ASTs in excess of 21,000 gallons at existing large AST facilities. In addition, new field constructed USTs and all ASTs storing highly hazardous substances are required to obtain a site-specific installation permit prior to construction.

SUBCHAPTER E. TECHNICAL STANDARDS FOR USTs AND UST FACILITIES

This revised subchapter establishes inspection, UST system design and construction, general operating, release detection and out-of-service UST system and closure requirements for storage tank facilities.

Specific inspection requirements are included in this section, including the requirement that USTs installed prior to December 1989 be inspected prior to December 22, 1998, or two years after the effective date of adoption of these regulations, whichever is later. Subsequent inspections are required at least once every 5 years, except for facilities with total secondary containment of both piping and tanks, which are to be inspected at least once every 10 years.

The most significant changes to this chapter involve the performance and installation requirements for new USTs and the December 22, 1998, upgrade requirements for existing systems. The new regulations state that all USTs which do not meet corrosion protection and spill overfill prevention standards by the December 22, 1998, deadline, shall be closed in accordance with the closure requirements of these regulations. Since permits are now required, owners/operators who do not upgrade existing tanks to meet the 1998 requirements will be out of compliance with their permit and will be required to close the UST system. Specific requirements for temporary closure of UST systems are included and define the need to maintain release detection and corrosion protection, or to remove the UST system from service. If a UST is temporarily closed for more than 12 months, it must either meet all the administrative, technical, and operational requirements of these regulations or be closed following applicable closure requirements, including a site assessment to determine if soil and/or groundwater are impacted from the historical presence and/or operation of the tank(s).

SUBCHAPTER F. TECHNICAL STANDARD FOR ASTs and AST FACILITIES

This subchapter is new and establishes the regulations for large ASTs, which are defined as having a capacity of greater than 21,000 gallons. In general, the regulations require establishing a Spill Prevention and Response Plan, preventative maintenance and housekeeping procedures, specific labeling of AST systems, performance standards, release protection and spill detection, and inspections. Closure of AST systems require a 30 day notification to the PADEP, and specific site assessment procedures must now be followed to determine if a release occurred.

SUBCHAPTER G. SIMPLIFIED PROGRAM FOR SMALL ABOVEGROUND STORAGE TANKS

This new subchapter establishes the requirements for ASTs with a capacity of 21,000 gallons or less. The subchapter includes performance standards, technical requirements for tank modifications, monitoring standards, and requirements for closure. As with the large AST systems, small AST closure requires PADEP 30 day notification and performance of a site inspection, and assessment, if required. The regulations were published in the Pennsylvania Bulletin on October 11, 1997.

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