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In December 2006, the EPA amended the Spill Prevention, Control, and Countermeasure Rule regulated under CFR Part 112, reducing the regulatory burden for certain facilities by providing an option to allow owners/operators of a facility that stores less than 10,000 gallons of a petroleum product and meet other qualifying criteria to self certify their SPCC Plans. The proposed rule change also provides an alternative to the secondary containment requirement without requiring a determination of impracticability.
The Rule became effective on February 26, 2007.
Please refer to the following link for more information:
http://www.epa.gov/emergencies/content/spcc/spcc_dec06.htm
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Storage Tank owners,
operators, and other responsible parties who
experience releases from regulated storage tank
systems are required to take corrective action
in accordance with Chapter 245, Administration
of the Storage Tank and Spill Prevention
Program; Subchapter D, Corrective Action Process
for Owners and Operators of Storage Tanks and
Storage Tank Facilities and Other Responsible
Parties. These regulations, commonly known as
the CAP regulations, were promulgated on August
21, 1993, and amended on December 1,2001. The
CAP regulations were developed under the
authority of the Storage Tank and Spill
Prevention Act, Act 32 of 1989, as amended.
These regulations establish the administrative
process that a tank owner, tank operator, or
other responsible party must adhere to upon
suspecting or confirming that a release has
occurred. The CAP regulations do not establish
cleanup standards. The Land Recycling and
Environmental Remediation Standards Act (Act 2
of 1995), together with Chapter 250
(Administration of the Land Recycling Program),
establish the cleanup standards applicable to
storage tank corrective actions. The Land
Recycling Program Technical Guidance Manual
provides additional information to assist tank
owners, tank operators, and other responsible
parties in conducting storage tank cleanups.
The following are key elements
of the recent changes to Chapter 245, which were
published as final rulemaking in the
Pennsylvania Bulletin on November 10, 2007.
See Pennsylvania Bulletin Volume 37
Number 45 for actual rules and more detailed
information.
- Re-regulates large aboveground heating
oil tanks (exempted in 1996) with greater
than 30,000 gallons of capacity where the
product is consumed on the premises where
stored. Tanks must be registered with the
Department by January 9, 2008.
- Regulated substance now
includes biodiesel, several non-petroleum
oils, synthetic fuels and fluids (motor
oils), and ethanol intended for
blending with motor fuel. Tanks must be
registered with the Department by January 9,
2008.
- Adds comprehensive tank registration
provisions similar to past registration
policy and procedures. Requires submission
of amended registration form within 30 days
of change in tank ownership or any change in
previously reported registration
information.
- Requires most Combination of
tanks (manifold systems) to be
registered separately.
- Registration form also serves as
operating permit application.
- Provisions for Department routine
withdrawal of operating permits for tanks in
temporary out-of-service (TOS) status and
requires tanks to be empty while in TOS
status.
- Simplifies site-specific installation
permit process for certain aboveground
storage tanks.
- Adds several Underground Storage Tank
Compliance Act provisions contained in the
Federal Energy Policy Act of 2005 and EPA
Grant Guidelines to states:
- Product delivery prohibition
in conjunction with tank permit
suspension or revocation order by the
Department for noncompliance with spill,
overfill and corrosion protection or
release detection monitoring
requirements
- Underground storage tank facility
operations inspection frequency every
three years or sooner (by DEP certified
inspector).
- Total secondary containment for new
or replacement underground tank systems
(tanks, product piping and/or
dispensers). Requires double-wall tank
and product piping with sumps under
product dispenser and at product piping
junctures. Also requires routine monthly
monitoring of sumps, product piping and
double-wall tank interstice. When more
than 50% of existing product piping is
replaced, the entire length of piping
must be replaced with double-wall piping
and sumps installed.
- Line leak detector with automatic pump
shutoff device required for new and
replacement underground storage tank system
pressurized piping conveying product between
the tank and product dispenser.
- Places limits on certain methods of
release detection monitoring for underground
storage tank systems. Requires underground
piping being tightness tested after November
10, 2008, for routine release detection
monitoring to be tested by a DEP certified
UTT installer/tester.
- Requires spill containment buckets and
sumps on underground storage tank systems to
be tested for liquid tightness at
installation, replacement or repair and test
record to be retained.
- Adds deadline for tanks to remain in TOS
status and provisions for extension to
remain in TOS status. Provides for delaying
inspections for underground storage tank
facilities with all tanks in TOS status and
for individual aboveground storage tanks in
TOS status.
- Precludes underground storage tank
internal linings and provides inspection
requirements for aboveground and existing
underground storage tanks with internal
linings.
- Requires overfill protection to be
consistent with industry standards for
existing aboveground storage tanks.
- Specifies types on nondestructive
examination and leak testing, when required
during large aboveground storage tank
in-service and out-of-service
integrity inspections.
- Aboveground storage tanks in underground
vaults, containing class I or II motor fuel,
for resale must have underground product
piping monitored in a manner equivalent to
underground storage tank system piping
release detection.
- For underground storage tank owners,
addresses approved methods, for financial
responsibility, which must be used to meet
the deductible not covered by the
Underground Storage Tank Indemnification
Fund (USTIF).
- Installer, Inspector and Company
Certification Program adds specific training
provisions, changes in standards of
performance and requires tank-handling
reports to be submitted to the Department
within 30 days after completing tank
handling project activities.
For more information relative
to storage tank corrective action amendments, refer to
the PADEP website storage tank page at the following link:
http://www.depweb.state.pa.us/landrecwaste/cwp/view.asp?A=1240&Q=453631
In addition, the PADEP also
revised the petroleum products analytical
requirement "short list" for tank closures
effective March 15, 2008. Please refer to the
attached letter for additional information,
along with revised Table IV-9.
http://www.depweb.state.pa.us/landrecwaste/lib/landrecwaste/storagetanks/files/
shortlist_letter.pdf
http://www.depweb.state.pa.us/landrecwaste/lib/landrecwaste/storagetanks/files/
shortlist.doc
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Environmental Site Assessments
