Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29D. STORAGE TANK AND SPILL PREVENTION ACT
CHAPTER 3. ABOVEGROUND STORAGE TANKS
Date:
08/31/2009
Document:
§ 6021.301. Aboveground storage tank requirements
(a) MINIMUM PROGRAM REQUIREMENTS.-- The department shall, by regulation, adopt and implement an aboveground storage tank program that, at a minimum, requires all of the following:
(1) The payment of an annual registration fee to the department by
aboveground storage tank owners.
(2) Methods and procedures for the operation of aboveground storage
tanks and the early detection, by owners, of releases or potential
releases, including testing on new or substantially modified
aboveground storage tanks and out-of-service inspection at least once
every twenty years or more frequently in accordance with nationally
recognized standards, provided that new or existing aboveground storage
tanks have an in-service inspection in accordance with API or other
nationally recognized standards by a Pennsylvania certified inspector
at least every five years as well as monthly maintenance inspections by
the owner/operator or his designated representative. Testing of
aboveground storage tanks after initial installation may be by
hydrostatic means or, in instances where wastewater would be generated
or materials stored in the tank might be water reactive, other methods
of testing such as the radioactive method, the magnetic particle
method, the ultrasonic method or the liquid penetrant method, in
accordance with API standards, may be used. A new aboveground storage
tank not exceeding 21,000 gallon capacity may meet the initial testing
requirements if the tank is fully assembled, inspected and tested at
the plant where it is manufactured.
(3) Methods and procedures for inventory control measures by owners and
operators, if appropriate.
(4) The periodic inspection of the leak detection systems, the
structural integrity of the aboveground storage tank and associated
equipment, and release prevention measures.
(5) Corrective actions, by owners, operators, landowners and occupiers,
or other responsible parties, on an emergency basis if necessary, in
response to a release from an aboveground storage tank.
(6) The reporting, by the owner or operator, of any release and
corrective action taken in response to a release from an aboveground
storage tank.
(7) The maintenance of records, by owners and operators, of periodic
inspections of the leak detection systems, inspections of structural
integrity of the aboveground storage tank and associated equipment, and
all release prevention measures.
(8) Minimum standards for the construction, testing, corrosion
protection, operation, release prevention, and repair and reuse of
aboveground storage tanks.
(9) A permit, by rule, for certain classifications of aboveground
storage tanks, including small aboveground storage tanks.
(10) Methods and procedures for the removal of aboveground storage
tanks from service by the owner and operator.
(11) Requirements for reporting, by the owner or operator, of the
intended and completed closure of any aboveground storage tank.
(b) TANK CLASSIFICATION.-- The department shall have the authority to establish classes and categories of aboveground storage tanks by regulation, which classes may be regulated in consideration of, among other factors, size, intended use, contents and potential risk of harm to public health and the environment.
(c) CERTIFIED INSTALLER AND INSPECTOR PROGRAM.--
(1) The department shall establish, by regulation, a certification
program for installers and inspectors of aboveground storage tanks,
including qualification standards, procedures for training and testing,
and procedures for revocation and suspension of such certificates. All
department employees administering this program shall be deemed
certified while in the employment of the department.
(2) Aboveground storage tanks shall only be installed by a certified
installer as provided by regulations of the department.
(3) Aboveground storage tanks, as deemed necessary by the department,
shall be inspected by a certified inspector prior to permitting and
facility operation and at a frequency thereafter established by the
department.
(d) REQUIREMENTS FOR SMALL ABOVEGROUND STORAGE TANKS.-- The department shall develop a simplified program to regulate small aboveground storage tanks. The program shall include, but not be limited to:
(1) Testing requirements for new and substantially modified small
aboveground storage tanks, except as provided in subsection (a)(2).
(2) Performance and design standards consistent with the manufacturer's
specifications for small aboveground storage tanks.
(3) Monitoring standards consistent with the manufacturer's
specifications for a small aboveground storage tank.
(4) Requirements for closure.
(5) Recordkeeping requirements.
(6) Inspection requirements for existing small aboveground storage
tanks.
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