25 Pa. Code § 245.1
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:
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-
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:
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-
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:
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:
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:
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-
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:
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-
Minor modification-
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:
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.
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:
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:
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:
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:
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).
25 Pa. Code § 245.1
This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 245.231 (relating to scope); 25 Pa. Code § 245.403 (relating to applicability); 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 298.1 (relating to definitions); 25 Pa. Code § 245.501 (relating to purpose); 25 Pa. Code § 245.505 (relating to applicability); 25 Pa. Code § 245.601 (relating to purpose); 25 Pa. Code § 245.605 (relating to applicability); 25 Pa. Code § 298.1 (relating to definitions); and 25 Pa. Code § 977.4 (relating to definitions).