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ENVIRONMENTAL SURVEY UPDATE ARTICLES
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.
RT also has a more complete summary of the new
regulations available. For a free copy, call Gary Brown at (610) 265-1510.
November/December 1997 | 
