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Final Rulemaking - Chapter 245 Background

Final Rulemaking - Chapter 245, Administration of the Storage Tank and Spill Prevention Program (Subchapters A-H) Environmental Quality Board Meeting June 19, 2007 Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management. Final Rulemaking - Chapter 245 Background.

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Final Rulemaking - Chapter 245 Background

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  1. Final Rulemaking - Chapter 245,Administration of the Storage Tank and Spill Prevention Program (Subchapters A-H)Environmental Quality Board MeetingJune 19, 2007Thomas K. FidlerDeputy Secretary, Office of Waste, Air and Radiation Management

  2. Final Rulemaking - Chapter 245Background • Storage Tank Program established under provisions of Act 32 of 1989, as amended • Underground Storage Tank Provisions • Federal Regulations at 40 CFR, Part 280 • Federal Energy Policy Act of 2005 • Proposed Rule • Published in Pennsylvania Bulletin April 22, 2006 • Over 100 comments from 21 commentators • Changes made to accommodate concerns • Storage Tank Advisory Committee Report

  3. Final Rulemaking - Chapter 245Subchapter A - Key Issues • Comprehensive Tank Registration Provisions • Codifies current policy and procedures • Registration/Operating Permit single application • Additional Tanks Regulated • Aboveground consumptive-use heating oil tanks • Synthetic oils, biodiesel, silicone fluids, ethanol • Phase-in provisions to meet Technical Standards

  4. Final Rulemaking - Chapter 245Subchapters B & C - Key Issues • Installer/Inspector Certification Program • Emphasis on training • Standards of Performance provisions • Operating Permits Correlate w/Registration • Routine operating permit issuance/withdrawal • Product delivery prohibition • Simplifies Site-Specific Installation Permit Process • New facilities w/only small aboveground tanks • Large replacement aboveground tanks

  5. Final Rulemaking - Chapter 245Subchapter E - Key Issues • Underground Storage Tank Inspections • Routine on-site inspection every 3 years • Relief from inspection during temporary closure • Underground Storage Tank Systems • New and replacement tank systems • Double wall tanks and piping • Sumps at piping junctures and under dispensers • Monitoring to detect releases • Automatic pump shut-off on new line leak detectors

  6. Final Rulemaking - Chapter 245Subchapters F & G - Key Issues • Aboveground Storage Tank Inspections • Internal tank linings • Integrity determination and inspection intervals • Address/remedy inspection findings • Relief from inspection during temporary closure • Aboveground Storage Tank Systems • Upgrade deadlines (overfill alarm, tank gauge, and emergency containment) • Engineering/design criteria and testing procedures • Expanded variance options for new technologies

  7. Summary of Final Rulemaking • Addresses Federal Energy Act Requirements and Commentators Concerns • Improves Third-party Inspection Program and Underground Tank System Compliance • Prevents Releases of Regulated Substances • Provides Needed Clarifications, Edits, and Reference Changes • Recommend Board Approval to Publish as Final Rulemaking

  8. Thank You Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management

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