The following words and terms, when used in this
chapter, have the following meanings, unless the context clearly indicates
otherwise:
ASNT-The American Society of
Nondestructive Testing.
Aboveground field constructed metallic
storage tank-An aboveground storage tank that is manufactured from
either ferrous or nonferrous metals and has final assembly completed at the job
site. The term does not include associated piping.
Aboveground manufactured metallic storage
tank-An aboveground storage tank that is manufactured from either
ferrous or nonferrous metals and is completely fabricated and assembled in the
shop prior to shipping. The term does not include piping.
Aboveground nonmetallic storage
tank-An aboveground storage tank that is manufactured from nonmetallic
materials; for example, fiberglass reinforced plastic, composites, plastics,
and the like, and is completely fabricated and primarily assembled in the shop
prior to shipping. The tank may require some additional final assembly at the
job site. The term does not include associated piping.
Aboveground storage tank-One or a
combination of stationary tanks with a capacity in excess of 250 gallons,
including the underground pipes and dispensing systems connected thereto within
the emergency containment area, which is used, will be used or was used to
contain an accumulation of regulated substances, and the volume of which,
including the volume of piping within the storage tank facility, is greater
than 90% above the surface of the ground. The term includes tanks which can be
visually inspected, from the exterior, in an underground area and tanks being
constructed or installed for regulated use. The term does not include the
following, or pipes connected thereto:
(i) A tank of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes or motor oil.
(ii) A tank used for storing heating oil for
consumptive use on the premises where stored.
(iii) A pipeline
facility, including
gathering lines, regulated under:
(A) The
Natural Gas Pipeline Safety
Act of 1968 (
49 U.S.C.A. App. §§
1671-1687).
(B) The Hazardous
Liquid Pipeline Safety
Act of 1979 (
49 U.S.C.A. §§ 2001-2015 ).
(C) An interstate or intrastate pipeline
facility regulated under State laws comparable to the provisions of law
referred to in clause (A) or (B).
(iv) A surface impoundment, pit, pond or
lagoon.
(v) A stormwater or
wastewater collection system.
(vi)
A flow-through process tank, including, but not limited to, a pressure vessel
and oil and water separators.
(vii)
A nonstationary tank liquid trap or associated gathering lines directly related
to oil and gas production or gathering operations.
(viii) Tanks regulated under 58 Pa.C.S.
Chapter 32 (relating to development) used to store brines, crude oil, drilling
or frac fluids and similar substances or materials and are directly related to
the exploration, development or production of crude oil or natural
gas.
(ix) Tanks regulated under the
Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.31).
(x) Tanks used for the storage of products
which are regulated under the Federal Food, Drug and Cosmetic
Act
(21 U.S.C.A. §§
301-
392).
(xi) Tanks regulated under the Solid Waste
Management Act (35 P. S. §§
6018.101-6018.1003), including, but not
limited to, piping, tanks, collection and treatment systems used for leachate,
methane gas and methane gas condensate management.
(xii) A tank of 1,100 gallons or less in
capacity located on a farm used solely to store or contain substances that are
used to facilitate the production of crops, livestock and livestock products on
the farm.
(xiii) Tanks which are
used to store propane gas.
(xiv)
Tanks containing radioactive materials or coolants that are regulated under the
Atomic Energy
Act of 1954 (42 U.S.C.A. §§
2011-2297).
(xv) Tanks regulated under the act of May 2,
1929 (P. L. 1513, No. 451), known as the Boiler Regulation Law (35 P. S. §§
1301-1500).
(xvi) Equipment or machinery that contains
regulated substances for operational purposes such as hydraulic lift tanks and
electrical equipment tanks.
(xvii)
A tank that contains a de minimis concentration of regulated
substances.
(xviii) An emergency
spill or overflow containment tank that is expeditiously emptied after
use.
(xix) Other tanks excluded by
regulations promulgated under the act.
Aboveground storage tank system-An
aboveground storage tank, connected piping and ancillary equipment within the
emergency containment area, and emergency and secondary containment.
Act-The Storage Tank and Spill
Prevention Act (35 P. S. §§
6021.101-6021.2104).
Adjacent-Next to or contiguous
with.
Affect or
diminish-In the context of water supplies, the term has the
following meaning: To cause or contribute to a measurable increase in the
concentration of one or more contaminants in a water supply above background
levels, or to cause or contribute to a decrease in the quantity of the water
supply.
Air Pollution Control Act-The Air
Pollution Control Act (35 P. S. §§
4001-4015).
Ancillary equipment-Electrical,
vapor recovery, access or other systems and devices, including, but not limited
to, devices, such as piping, fittings, flanges, valves and pumps used to
distribute, meter, monitor or control the flow of regulated substances to or
from a storage tank system.
Aquifer-A geologic formation, group
of formations or part of a formation capable of a sustainable yield of
significant amount of water to a well or spring.
Background-The concentration of a
regulated substance determined by appropriate statistical methods that is
present at the site, but is not related to the release of regulated substance
at the site.
Beneath the surface of the
ground-Beneath the ground surface or otherwise covered with earthen
materials.
CERCLA-The Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§
9601-9675).
Cathodic protection-A technique to
prevent corrosion of a metal surface by making that surface the cathode of an
electrochemical cell.
Cathodic protection tester-A person
who can demonstrate an understanding of the principles and measurements of
common types of cathodic protection systems as applied to buried or submerged
metal piping and tank systems. At a minimum, the person shall have documented
education and experience in soil resistivity, stray current, structure to soil
potential and component electrical isolation measurements of buried metal
piping and tank systems.
Certification categories-
(i) Individual certification categories
issued to certified installers or certified inspectors to perform tank
handling, tightness testing or inspection activities on aboveground or
underground storage tank systems and facilities.
(ii) The term includes category specific
certifications in one or more of the following:
(A) Storage tank inspector certification
categories:
(I) IAF-Inspection of aboveground
field constructed and aboveground manufactured storage tank systems and
facilities.
(II) IAM-Inspection of
aboveground manufactured storage tank systems and facilities.
(III) IUM-Inspection of underground storage
tank systems and facilities.
(B) Storage tank installer certification
categories:
(I) ACVL-Aboveground storage tank
system civil installation and modification.
(II) AFMX-Aboveground field constructed
metallic storage tank installation, modification and removal, and aboveground
manufactured metallic storage tank modification.
(III) AFR-Aboveground field constructed
storage tank system removal.
(IV)
AMEX-Aboveground storage tank system mechanical installation, modification and
removal.
(V) AMMX-Aboveground
manufactured metallic storage tank system installation and
modification.
(VI) AMNX-Aboveground
nonmetallic storage tank system installation and modification.
(VII) AMR-Aboveground manufactured storage
tank system removal.
(VIII)
TL-Storage tank liner installation and modification, and underground storage
tank liner evaluation.
(IX)
UMX-Underground storage tank system installation and modification.
(X) UMI-Underground storage tank system minor
modification.
(XI) UTT-Underground
storage tank system tightness tester.
(XII) UMR-Underground storage tank system
removal.
Certified company-An entity,
including a sole proprietorship, a partnership or a corporation, which is
certified by the Department and employs certified installers or certified
inspectors to conduct tank handling activities, tightness testing activities or
inspection activities.
Certified inspector-A person
certified by the Department to conduct inspections of tanks or storage tank
facilities and who may conduct environmental audits. A certified inspector may
not be an employee of a tank owner.
Certified installer-A person
certified by the Department to install, modify or remove storage tanks. A
certified installer may be an employee of a tank owner.
Change-in-service-One of the
following:
(i) Continued use of a
storage tank system to store an unregulated substance.
(ii) Continued use of a storage tank system
in a manner which would exempt the system from the definition of aboveground
storage tank or underground storage tank.
Clean Streams Law-The Clean Streams
Law (35 P. S. §§
691.1-691.1001).
Cleanup or
remediation-To clean up, mitigate, correct, abate, minimize,
eliminate, control or prevent a release of a regulated substance into the
environment to protect the present or future public health, safety, welfare or
the environment, including preliminary actions to study or assess the release.
Coax vapor recovery-The use of a
coaxial fitting to provide Stage I vapor recovery; one orifice for the
conveyance of the product to the tank and a second, concentric orifice for
venting the tank to the delivery vehicle.
Combination of tanks-Tanks connected
together at a manifold in a manner that they act as a single unit; tank
capacity for a combination of tanks is the sum of the individual tank
capacities.
Compatible-The ability of two or
more substances to maintain their respective physical and chemical properties
upon contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
Connected piping-All piping
including valves, elbows, joints, flanges and flexible connectors attached to a
tank system through which regulated substances flow. For the purpose of
determining how much piping is connected to any individual tank system, the
piping that joins two regulated systems should be allocated equally between
them.
Consumptive use-The term means, with
respect to heating oil, that which is stored in an aboveground storage tank of
30,000 gallons or less capacity or that which is stored in an underground
storage tank and is consumed on the premises.
Contaminant-A regulated substance
released into the environment.
Containment structure or
facility-Anything built, installed or established and designed to
contain regulated substances that are spilled, leaked, emitted, discharged,
escaped, leached or disposed from a storage tank or storage tank system,
including a vault, a dike, a wall, a building or secondary containment.
Containment sump-A liquid-tight
container designed to protect the environment by containing leaks and spills of
regulated substances from piping, dispensers, pumps and related components in
the containment area. Containment sumps may be single-walled or secondarily
contained and located at the top of the tank (tank top or submersible turbine
pump sump), underneath the dispenser (under-dispenser containment sump) or at
other points in the piping run (transition or intermediate sump).
Corrective action-
(i) The term includes the following:
(A) Containing, assessing or investigating a
release.
(B) Removing a release or
material affected by a release.
(C)
Taking measures to prevent, mitigate, abate or remedy releases, pollution and
potential for pollution, nuisances and damages to the public health, safety or
welfare, including, but not limited to, the following:
(I) Waters of this Commonwealth, including
surface water and groundwater.
(II)
Public and private property.
(III)
Shorelines, beaches, water columns and bottom sediments.
(IV) Soils and other affected property,
including wildlife and other natural resources.
(D) Taking actions to prevent, abate,
mitigate or respond to a violation of the act that threatens public health or
the environment.
(E) Temporarily or
permanently relocating residents, providing alternative water supplies or
undertaking an exposure assessment.
(ii) The term does not include the cost of
routine inspections, routine investigations and permit activities not
associated with a release.
Corrosion expert-A person who, by
reason of thorough knowledge of the physical sciences and the principles of
engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. The person
shall be accredited or certified as being qualified by the National Association
of Corrosion Engineers or be a registered professional engineer who has
education and experience in corrosion control of buried or submerged metal
piping systems and metal tanks.
Corrosion protection-The protection
of metal from deterioration. The deterioration may be due to a natural
electrochemical reaction between the metal and the soil or other electrolyte,
or because of stray direct currents.
De minimis-With regard to products
containing regulated substances, the term applies when the regulated substance
is of insufficient concentration to be required to appear on a Safety Data
Sheet (SDS). The term does not apply to section 507 of the act (35 P.S. §
6021.507) as it pertains to site
contamination.
Dielectric material-A material that
does not conduct direct electrical current. Dielectric coatings are used to
electrically isolate tank systems from the surrounding soils. Dielectric
bushings are used to electrically isolate portions of the tank system for
example, tank from piping.
Electrical equipment-Equipment that
contains dielectric fluid that is necessary for the operation of equipment such
as transformers and buried electrical cable.
Emergency containment-A containment
structure which serves to convey, capture and contain the total volume of an
anticipated release of regulated substance from an aboveground or underground
storage tank system and which is expeditiously emptied.
Environmental audit-Activities which
may be conducted by a certified inspector to evaluate the storage tank system
or storage tank facility site, equipment and records to determine evidence of
an actual or possible release of regulated substance.
Environmental covenant-A servitude
arising under an environmental response project which imposes activity and use
limitations under
27 Pa.C.S. §§
6501-6517 (relating to Uniform Environmental
Covenants Act).
Environmental media-Soil, sediment,
surface water, groundwater, bedrock and air.
Excavation zone-The volume
containing the tank system and backfill material bounded by the ground surface,
walls and floor of the pit and trenches into which the underground storage tank
system is placed at the time of installation.
Exempt underground storage tank-An
underground storage tank which has been exempted by regulation from
participation in USTIF.
Existing underground storage tank
system-An underground storage tank system used to contain an
accumulation of regulated substances for which installation has either started
or been completed in accordance with this chapter. Installation is considered
to have started if the following apply:
(i) The owner or operator has obtained the
Federal, State and local approvals or permits necessary to begin physical
construction of the site or installation of the tank system.
(ii) One of the following apply:
(A) A continuous onsite physical construction
or installation program has begun.
(B) The owner or operator has entered into
contractual obligations, which cannot be cancelled or modified without
substantial loss, for physical construction at the site or installation of the
tank system to be completed within a reasonable time.
Exposure assessment-An assessment to
determine the extent of exposure of, or potential for exposure of, individuals,
the biological community and all other natural resources to releases from a
storage tank based on, but not limited to, the following:
(i) The nature and extent of contamination
and the existence of or potential for pathways of human exposure, including
groundwater or surface water contamination, air emissions, soil contamination
and food chain contamination.
(ii)
The size of the community within the likely pathways of exposure.
(iii) The comparison of expected human
exposure levels to the short-term and long-term health effects associated with
identified contaminants.
Farm-Land used for the production
for commercial purposes of crops, livestock and livestock products, including
the processing or retail marketing of these crops, livestock or livestock
products if more than 50% of these processed or merchandized products are
produced by the farm operator. The phrase "Crops, livestock and livestock
products" includes, but is not limited to:
(i) Field crops, including corn, wheat, oats,
rye, barley, hay, potatoes and dry beans.
(ii) Fruits, including apples, peaches,
grapes, cherries and berries.
(iii)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and
mushrooms.
(iv) Horticultural
specialties, including nursery stock, ornamental shrubs, ornamental trees and
flowers.
(v) Livestock and
livestock products, including cattle, sheep, hogs, goats, horses, poultry,
furbearing animals, milk, eggs and furs.
(vi) Aquatic plants and animals and their
by-products.
Free product-A regulated substance
that is present as a separate phase liquid; that is, liquid not dissolved in
water.
Free product recovery-The removal of
free product.
Gathering lines-A pipeline,
equipment, facility or building used in the transportation of oil or gas during
oil or gas production or gathering operations.
Groundwater-Water below the land
surface in a zone of saturation.
Hazardous substance storage tank
system-
(i) A
storage tank
system that contains a hazardous substance defined in section 101(14) of
CERCLA
(42 U.S.C.A. §
9601(14)).
(ii) The term does not include a
storage tank
system that contains a substance regulated as a hazardous waste under sections
3001-3024 of the Solid Waste Disposal
Act (42 U.S.C.A. §§
6921-
6939g), or mixture of the
substances and petroleum, and which is not a
petroleum system.
Heating oil-Petroleum that is No. 1,
No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 technical
grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil
and Bunker C); and other fuels when used as substitutes for one of these fuel
oils. Heating oil is typically used in the operation of heating equipment,
boilers or furnaces.
Highly hazardous substance tank-A
storage tank of greater than 1,100 gallons capacity which contains reportable
quantities of substances with CERCLA reportable release quantity of 10 pounds
or less, as identified by 40 CFR Part 302 (relating to designation, reportable
quantities, and notification).
Hydraulic lift tank-A tank holding
hydraulic fluid for a closed loop mechanical system that uses compressed air or
hydraulic fluid to operate lifts, elevators and other similar devices.
Immediate threat of
contamination-Spilling, leaking, emitting, discharging, escaping,
leaching or disposing of a regulated substance from a storage tank into a
containment structure or facility in an amount equal to or greater than the
reportable released quantity determined under section 102 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §
9602) and regulations promulgated thereunder,
or an amount equal to or greater than a discharge as defined in section 311 of
the Federal Water Pollution Control Act (33 U.S.C.A. §
1321) and regulations promulgated thereunder.
The term also includes spilling, leaking, emitting, discharging, escaping,
leaching or disposing of petroleum into a liquid-tight containment sump or
emergency containment structure in an amount less than 25 gallons as a result
of a tank handling activity unless the certified installer providing direct
onsite supervision has control over the regulated substance, the regulated
substance is completely contained and, prior to the certified installer leaving
the storage tank facility, the total volume of the regulated substance is
recovered and removed.
In-service inspection-A scheduled
aboveground storage tank external inspection to determine tank system
serviceability and compliance with requirements in this chapter and applicable
industry standards. This inspection shall be conducted by a
Department-certified aboveground storage tank inspector. The tank system may be
in operation during this inspection.
Inspection activities-Activities to
inspect all or a part of a storage tank system or storage tank facility. These
activities include, but are not limited to, evaluation of:
(i) Storage tank system structural
integrity.
(ii) Construction and
major modification.
(iii) Facility
operation.
Install-Activities to construct,
reconstruct or erect to put into service a storage tank, a storage tank system
or storage tank facility.
Intrafacility piping-A common
piping system serving more than one storage tank system within a storage tank
facility.
Large aboveground storage tank-An
aboveground storage tank having a capacity greater than 21,000 gallons.
Large aboveground storage tank
facility-An aboveground storage tank facility with greater than 21,000
gallons total aboveground storage capacity.
Liquid trap-Sumps, well cellars and
other traps used in association with oil and gas production, gathering and
extraction operations (including gas production plants), for the purpose of
collecting oil, water and other liquids. The liquid traps may temporarily
collect liquids for subsequent disposition or reinjection into a production or
pipeline stream, or may collect and separate liquids from a gas stream.
Maintenance-The normal operational
upkeep to prevent a storage tank system or storage tank facility from releasing
regulated substances if the activity involved is not a major modification or
minor modification.
Major modification-
(i) An activity to
upgrade,
repair, refurbish
or restore all or any part of an existing
storage tank system or
storage tank
facility which:
(A) Alters the design of that
storage tank system or storage tank facility.
(B) May affect the integrity of that storage
tank system or storage tank facility.
(ii) The term includes an activity directly
affecting the tank portion of the storage tank system or an activity directly
affecting an underground component of the storage tank system.
Minor modification-
(i) An activity to upgrade, repair, refurbish
or restore all or part of an existing storage tank system or storage tank
facility which does not alter the design of that storage tank system or storage
tank facility, but which may affect the integrity of that storage tank system
or storage tank facility.
(ii) The
term does not include an activity directly affecting the tank portion of the
storage tank system or an activity directly affecting an underground component
of the storage tank system.
Modify-To conduct an activity that
constitutes a major modification or a minor modification.
Monitoring system-A system capable
of detecting releases in connection with an aboveground or underground storage
tank.
Motor fuel-A complex blend of
hydrocarbons typically used in the operation of a motor engine, such as motor
gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend
containing one or more of these substances such as motor gasoline blended with
alcohol.
Motor oil-A petroleum product used
to lubricate the internal parts of an engine. The term includes lubricating and
operational fluids for the mechanical components associated with the engine,
including any hydraulic, transmission, gear or braking systems.
New facility-A storage tank facility
which did not exist prior to August 5, 1989.
Noncommercial purposes-The term
means, with respect to motor fuel, motor fuel not for resale.
Nontank handling project
activities-Activities performed by a certified individual, certified
company or employee of a certified company on a project that may not be tank
handling activities, but are part of the certified individual's or company's
responsibility while completing tank handling or inspection activities on a
storage tank system project.
OSHA-Occupational Safety and Health
Administration-The agency established under the Occupational Safety
and Health Act of 1970 (29
U.S.C.A. §§
651-678).
On the premises where stored-With
respect to heating oil, the term means tank systems located on the same
property where the stored heating oil is used.
Operational life-The period
beginning when installation of the tank system has commenced until the time the
tank system is properly closed.
Operator-A person who manages,
supervises, alters, controls or has responsibility for the operation of a
storage tank.
Out-of-service inspection-A
scheduled aboveground storage tank inspection that encompasses both internal
and external examination to determine tank system serviceability and compliance
with requirements in this chapter and applicable industry standards. This
inspection shall be conducted by a Department-certified aboveground storage
tank inspector. The tank system may not be in operation during this
inspection.
Overfill-A release that occurs when
a tank is filled beyond its capacity.
Owner-Includes the following:
(i) In the case of a storage tank in use on
August 7, 1989 or brought into use after August 7, 1989, a person who owns or
has an ownership interest in a storage tank used for the storage, containment,
use or dispensing of regulated substances.
(ii) In the case of an aboveground storage
tank in use before August 7, 1989, but which was no longer in use on August 7,
1989, a person who owned the aboveground tank immediately before the
discontinuance of its use as well as a person who meets the definition in
subparagraph (i).
(iii) In the case
of an underground storage tank, the owner of an underground storage tank
holding regulated substances on or after November 8, 1984, and the owner of an
underground storage tank at the time all regulated substances were removed when
removal occurred prior to November 8, 1984.
Permanently affixed-Not able to be
moved from its resting place by design or which is connected to real property
by piping or other structure.
Permanent water supply-A well,
interconnection with a public water supply, extension of a public water supply,
similar water supply or a treatment system, determined by the Department to be
capable of restoring the water supply to the quantity and quality of the
original unaffected water supply.
Person-An individual, partnership,
corporation, association, joint venture, consortium, institution, trust, firm,
joint-stock company, cooperative enterprise, municipality, municipal authority,
Federal Government or agency, Commonwealth Department, agency, board,
commission or authority, or other legal entity which is recognized by law as
the subject of rights and duties. In provisions of the act prescribing a fine,
imprisonment or penalty, or a combination thereof, the term includes the
officers and directors of a corporation or other legal entity having officers
and directors.
Petroleum system-A storage tank
system that primarily contains petroleum, and may contain additives or other
regulated substances. The term includes systems containing motor fuels, jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents
and used oils.
Pipe or
piping-A
hollow cylinder or tubular conduit that is constructed of nonearthen materials.
The terms include the associated fittings such as unions, elbows, tees and
flexible joints.
Pipeline facilities (including gathering
lines)-New and existing pipe rights-of-way and associated equipment,
facilities or buildings.
(i) The term
includes tanks essential to the operation of the pipeline, such as tanks used
to hold substances that operate compressors or pumps directly connected to the
pipeline and breakout tanks used solely to relieve pressure surges from the
pipeline and then reinject substances from the pipeline back into the
pipeline.
(ii) The term does not
include tanks which dispense substances to vehicles, railcars, barge or tanker
truck transports or tanks at complex facilities which serve as storage tanks or
feed stock tanks for the purposes of this chapter.
Potential to be affected-In the
context of water supplies, a water supply that, by virtue of its location with
respect to a release of regulated substances, is reasonably likely to be
impacted by that release, based on an evaluation of the known physical and
hydrogeologic environment in which the release occurred and the fate and
transport properties of the contaminants released.
Pressure vessel-A vessel used in
industrial processes designed to withstand pressures above 15 psig.
Process vessel-A vessel in
industrial or commercial operation in which, during use, there is a mechanical,
physical or chemical change of the contained substances taking place. The
industrial or commercial process may include, but is not limited to, mixing,
separating, chemically altering, dehydrating, extracting, refining or polishing
of the substances in the tank. The term does not include tanks used only to
store substances prior to sale or to store feedstock prior to additional
processing.
Property-A parcel of land defined by
the metes and bounds set forth in the deed for that land.
Public water system-A system which
provides water to the public for human consumption which has at least 15
service connections or regularly serves an average of at least 25 individuals
daily at least 60 days out of the year. The term includes collection,
treatment, storage and distribution facilities under control of the operator of
the system and used in connection with the system. The term includes collection
or pretreatment storage facilities not under control of the operator which are
used in connection with the system. The term also includes a system which
provides for bottling or bulk hauling for human consumption. Water for human
consumption includes water that is used for drinking, bathing and showering,
cooking, dishwashing or maintaining oral hygiene.
Reconstruction-The work necessary to
reassemble a storage tank that has been dismantled and relocated to a new
location.
Regulated substance-
An element, compound, mixture, solution or substance
that, when released into the environment, may present substantial danger to the
public health, welfare or the environment which is one of the following:
(i) A substance defined as a hazardous
substance in section 101(14) of
CERCLA, including hazardous substances that are
liquid or gaseous, or suspended therein regardless of holding temperature, but
not including a substance regulated as a hazardous waste under Subtitle C of
the Resource Conservation and Recovery
Act of 1976 (42 U.S.C.A. §§
6921-
6931).
(ii) Petroleum, including crude oil or a
fraction thereof and petroleum hydrocarbons which are liquid at standard
conditions of temperature and pressure (60° F and 14.7 pounds per square
inch absolute), including oil, petroleum, petroleum mixed with ethanol, fuel
oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude
oils, gasoline and kerosene.
(iii)
Other substances determined by the
Department by regulation whose containment,
storage, use or dispensing may present a hazard to the public health and safety
or the environment, but not including gaseous substances used exclusively for
the administration of medical care. This includes the following other regulated
substances:
(A) Nonpetroleum oils including
biodiesel; synthetic fuels and oils, such as silicone fluids; tung oils and
wood-derivative oils, such as resin/rosin oils; and inedible seed oils from
plants, which are liquid at standard conditions of temperature and pressure.
The requirements in this chapter for petroleum tanks in subparagraph (ii) apply
for this group of substances.
(B)
Pure ethanol intended for blending with motor fuel. The requirements in this
chapter for petroleum tanks in subparagraph (ii) apply.
Release-Spilling, leaking, emitting,
discharging, escaping, leaching or disposing from a storage tank into surface
waters and groundwaters of this Commonwealth or soils or subsurface soils in an
amount equal to or greater than the reportable released quantity determined
under section 102 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.A. §
9602), and
regulations promulgated thereunder, or an amount equal to or greater than a
discharge as defined in section 311 of the Federal Water Pollution Control Act
(33 U.S.C.A. §
1321) and regulations promulgated thereunder.
The term also includes spilling, leaking, emitting, discharging, escaping,
leaching or disposing from a storage tank into a containment structure or
facility that poses an immediate threat of contamination of the soils,
subsurface soils, surface water or groundwater.
Release detection-The determination,
through a method or combination of methods, whether a release of a regulated
substance has occurred from a storage tank system into the environment or into
the interstitial space between the storage tank system and its secondary
containment around it.
Remediation standard-The background,
Statewide health or site-specific standard, or any combination thereof, as
provided for in the Land Recycling and Environmental Remediation Standards Act
(35 P.S. §§
6026.101-6026.908).
Removal-Activities involving removal
of storage tank system components, ancillary equipment and appurtenances. The
term includes removal from service activities when a storage tank or storage
tank system is removed, but excludes site assessment activities.
Removal from service-The term
includes the following:
(i) Activities
related to rendering a
storage tank system permanently unserviceable.
Activities include the oversight of the proper draining and cleaning of the
storage tank system of product liquids, vapors, accumulated sludges or solids,
and completing one of the following:
(A)
Leaving the storage tank system in the ground and filling the tank with inert,
solid material.
(B) Dismantling or
removing the storage tank system from the tank site.
(ii) Closure-in-place and permanent
closure.
(iii) Site assessment
activities required under Subchapter E (relating to technical standards for
underground storage tanks) and applicable State law, which are the
responsibility of owners and operators, but are not conducted by certified
installers or inspectors.
Repair-An activity that restores to
original operating condition a tank, piping, spill prevention equipment,
overfill prevention equipment, corrosion protection equipment, release
detection equipment or other storage tank system component that has failed to
function properly.
Residential tank-A tank located on
property used primarily for dwelling purposes.
Responsible party-A person who is
responsible or liable for corrective action under the act. The term includes:
the owner or operator of a storage tank; the landowner or occupier; a person
who on or after August 5, 1990, knowingly sold, distributed, deposited or
filled an underground storage tank regulated by the act which never held a
valid registration, with a regulated substance; and a person who on or after
August 5, 1990, knowingly sold, distributed, deposited or filled an
unregistered aboveground storage tank regulated by the act, with a regulated
substance, prior to the discovery of the release.
Risk assessment-A process to
quantify the risk posed by exposure of a human or ecological receptor to
regulated substances. The term includes baseline risk assessment, development
of site-specific standards and risk assessment of the remedial
alternatives.
SARA-The Superfund Amendments and
Reauthorization Act of 1986, the act of October 17, 1986 (Pub.L. No. 99-499,
101 Stat. 1613).
Secondary containment-An additional
layer of impervious material creating a space in which a release of a regulated
substance from a storage tank may be detected before it enters the
environment.
Sediment-Solid fragmental material
that originates from weathering of rocks and is transported or deposited by
air, water or ice, or that accumulates by other natural agents, such as
chemical precipitation from solution or secretion by organisms, and that forms
in layers on the earth's surface at ordinary temperatures in a loose,
unconsolidated form. The term includes sand, gravel, silt, mud, till, loess and
alluvium.
Septic tank-A watertight covered
receptacle designed to receive or process, through liquid separation or
biological digestion, the sewage discharged from a building sewer.
Site-For purposes of §
245.303(c) and
(d) (relating to general requirements), the
term means the property which includes the storage tank facility. For other
purposes, the term means the extent of contamination originating within the
property boundaries and all areas in close proximity to the contamination
necessary for the implementation of remedial activities to be conducted.
Small aboveground storage tank-An
aboveground storage tank having a capacity equal to or less than 21,000
gallons.
Soil-Unconsolidated materials above
bedrock.
Solid Waste Management Act-The
Solid Waste Management Act (35 P.S. §§
6018.101-6018.1003).
Spill prevention equipment-A
liquid-tight container placed around the fill pipe or fill port riser of a
storage tank designed to capture any product that may spill when the delivery
hose is disconnected including a catchment basin, spill containment bucket or
spill containment box.
Spill prevention response
plan-Emergency plans and procedures developed by an aboveground
storage tank or tank facility owner, operator, or both, for response to an
accident or spill on the facility by facility personnel or contractors.
Stationary tank-An aboveground
storage tank that is permanently affixed to the real property on which the tank
is located.
Storage tank-An aboveground or
underground storage tank which is used for the storage of a regulated
substance.
Storage tank facility-One or more
stationary tanks, including associated intrafacility pipelines, fixtures,
monitoring devices and other equipment. A facility may include aboveground
tanks, underground tanks or a combination of both. For the purposes of the act
and this part, the associated intrafacility pipelines, fixtures, monitoring
devices and other equipment for an aboveground storage tank shall be that which
lies within the emergency containment area. The term storage tank facility does
not encompass portions of a facility that do not contain storage tank
systems.
Storage tank system-All or part of
an underground or aboveground storage tank, associated underground or
aboveground piping directly serving that storage tank, and one or more of the
following which are directly associated with that storage tank:
(i) Ancillary equipment.
(ii) Foundation.
(iii) Containment structure or
facility.
(iv) Corrosion protection
system.
(v) Release detection
system.
(vi) Spill and overfill
protection system.
Stormwater or
wastewater
collection system-Piping, pumps, conduits and other equipment
necessary to collect and transport the flow of surface water runoff resulting
from precipitation or domestic, commercial or industrial wastewater to and from
retention areas or the areas where treatment is designated to occur. The
collection of stormwater and wastewater does not include treatment except where
incidental to conveyance.
Substantial modification-An activity
to construct, refurbish, restore or remove from service an existing storage
tank, piping or storage tank facility which alters the physical construction or
integrity of the storage tank or storage tank facility.
Surface impoundment-A natural
topographic depression, manmade excavation or diked area formed primarily of
earthen materials, although it may be lined with man-made materials, that is
not an injection well.
Survey-For purposes of §
245.303(d), the
term means a study to establish background for surface water, groundwater, soil
and sediment prior to the use of a storage tank facility.
Tank-A stationary device designed to
contain an accumulation of regulated substances and constructed of nonearthen
materials, for example, concrete, steel or plastic that provide structural
support.
Tank handling activities-Activities
to install, modify, perform change-in-service or close all or part of a storage
tank system or storage tank facility. The term does not include maintenance
activities.
Temporary water supply-Bottled
water, a water tank supplied by a bulk water hauling system and similar water
supplies in quantities sufficient to accommodate normal usage.
Third party liability-Liability of
an owner or operator of an underground storage tank to a person for bodily
injury or property damage, or both, arising from or caused by a sudden or
nonsudden release of a regulated substance from the underground storage
tank.
Tightness testing
activities-Testing activities which are designed and intended to
detect leaks when performing precision tests, volumetric and nonvolumetric
tests on underground storage tank systems.
USTIB-Underground Storage Tank
Indemnification Board-The Board established under section 703 of the
act (35 P. S. §
6021.703),
and authorized to carry out the powers and duties described in section 705 of
the act (35 P. S. §
6021.705).
USTIF-Underground Storage Tank
Indemnification Fund-The Fund established under section 704 of the act
(35 P. S. §
6021.704), for the purpose of
making payments to the owner or operator of an underground storage tank who
incurs corrective action liability or third party liability caused by a sudden
or nonsudden release from an underground storage tank.
USTIF deductible-The portion of
liability incurred by an owner or operator of an underground storage tank for
corrective action or for third party liability, within the limits of liability
for USTIF coverage, which is the responsibility of the owner or operator and
which is not indemnified by USTIF coverage. The USTIF deductible amount is
established or revised by USTIB in accordance with section 705(c) of the
act.
Underground area-An underground
room, such as a basement, cellar, shaft or vault, providing enough space for
physical inspection of the exterior of the tank situated on or above the
surface of the floor.
Underground field constructed storage
tank-An underground storage tank that is manufactured from metallic or
nonmetallic materials and has final assembly completed at the job site. The
term does not include associated piping.
Underground manufactured storage
tank-An underground storage tank that is manufactured from metallic or
nonmetallic materials and is completely fabricated and assembled in the shop
prior to shipping. The term does not include associated piping.
Underground storage tank-One or a
combination of tanks (including underground pipes connected thereto) which are
used, were used or will be used to contain an accumulation of regulated
substances, and the volume of which (including the volume of underground pipes
connected thereto) is 10% or more beneath the surface of the ground. The term
includes tanks being constructed or installed for regulated use. The term does
not include:
(i) Farm or residential
tanks of 1,100 gallons or less capacity used for storing motor fuel for
noncommercial purposes.
(ii) Tanks
used for storing heating oil for consumptive use on the premises where stored
unless they are specifically required to be regulated by Federal law.
(iii) A septic or other subsurface sewage
treatment tank.
(iv) A pipeline
facility (including
gathering lines) which is one of the following:
(B) An intrastate pipeline
facility regulated
under state laws as provided in
49 U.S.C.A. §§
60101-
60141 and which is determined by
the
Secretary of the United States
Department of Transportation to be connected
to a pipeline or to be operated or intended to be capable of operating at
pipeline pressure or as an integral part of a pipeline.
(v) An interstate pipeline facility regulated
under State laws comparable to the provisions of law in subparagraph
(iv).
(vi) Surface impoundments,
pits, ponds or lagoons.
(vii)
Stormwater or wastewater collection systems.
(viii) Flow-through process tanks.
(ix) Liquid traps or associated gathering
lines directly related to oil or gas production and gathering
operations.
(x) Storage tanks
situated in an underground area (such as a basement, cellar, mine working,
drift, shaft or tunnel) if the tank is situated upon or above the surface of
the floor.
(xi) Tanks regulated
under the
Solid Waste Management Act, including, but not limited to,
piping,
tanks, collection and treatment systems used for leachate, methane gas and
methane gas condensate management, except for tanks subject to 40 CFR Part
280
(relating to technical standards and corrective action requirements for owners
and operators of underground storage tanks (UST)).
(xii) An underground storage tank system with
capacity of 110 gallons or less.
(xiii) A
wastewater treatment tank system
that is part of a wastewater treatment
facility regulated under section 307(b)
or 402 of the Clean Water
Act (33 U.S.C.A. §§
1317(b) and
1342).
(xiv) Equipment or machinery that contains
regulated substances for operational purposes such as hydraulic lift tanks and
electrical equipment tanks.
(xv) An
underground storage tank system that contains a de minimis concentration of
regulated substances.
(xvi) An
emergency spill or overflow containment underground storage tank system that is
expeditiously emptied after use.
(xvii) Other tanks excluded by policy or
regulations promulgated under the act.
Underground storage tank system-An
underground storage tank, connected piping and ancillary equipment and
containment system.
Underground vault-A structure which
is beneath the surface of the ground and is designed specifically to contain an
aboveground storage tank.
Unregistered storage tank-A storage
tank, regulated under the act, which does not hold a current, valid
registration.
Upgrade-The addition or retrofit of
some systems such as cathodic protection, lining or spill and overfill controls
to improve the ability of a storage tank system to prevent the release of
product.
Wastewater treatment tank-A tank
that is designed to receive and treat an influent wastewater through physical,
chemical or biological methods.
Water supply-Existing, designated or
planned sources of water or facilities or systems for the supply of water for
human consumption or for agricultural, commercial, industrial or other
legitimate use, protected by the applicable water supply provisions of §
93.3 (relating to protected water
uses).
