35 Pa. Stat. § 6021.103

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 6021.103 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Aboveground storage tank." Any one or combination of stationary tanks with a capacity in excess of 250 gallons, including underground pipes and dispensing systems connected thereto within the emergency containment area, which is or was used to contain an accumulation of regulated substances, and the volume of which, including the volume of all piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes any tank which can be visually inspected, from the exterior, in an underground area. The term shall not include any of the following:

(1) A tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes or motor oil.

(2) A tank used for storing heating oil for consumptive use on the premises where stored.

(3) A pipeline facility, including gathering lines, regulated under:

(i) the Natural Gas Pipeline Safety Act of 1968 ( Public Law 90-481, 82 Stat. 720, 49 U.S.C. App. § 1671 et seq.);

(ii) the Hazardous Liquid Pipeline Safety Act of 1979 (Public Law 96-129, 93 Stat. 989, 49 U.S.C.§ 2001 et seq.); or

(iii) an interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in subparagraph (i) or (ii).

(4) A surface impoundment, pit, pond or lagoon.

(5) A storm water or wastewater collection system.

(6) A flow-through process tank, including, but not limited to, a pressure vessel or process vessel and oil and water separators.

(7) A nonstationary tank liquid trap or associated gathering lines directly related to oil and gas production or gathering operations.

(8) Tanks which are 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 regulated under the act of December 19, 1984 (P.L. 1140, No. 223), known as the Oil and Gas Act.

(9) Tanks regulated under the act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act.

(10) Tanks used for the storage of products which are regulated pursuant to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C.§ 301 et seq.).

(11) Tanks regulated pursuant to the act of July 7, 1980 (P.L. 380, No. 97) , known as 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.

(12) 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 such farm.

(13) Tanks which are used to store propane gas.

(14) Any other tank excluded by regulations promulgated pursuant to this act.

The term shall not include any pipes connected to any tank described in paragraphs (1) through (13).

"Cathodic protection." A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

"Certified inspector." A person certified by the department to conduct environmental audits and inspections of tanks or tank facilities. A certified inspector shall not be an employee of a tank owner.

"Certified installer." A person certified by the department to install, erect, construct, modify or remove storage tanks. A certified installer may be an employee of a tank owner.

"Comprehensive Environmental Response, Compensation, and Liability Act of 1980."Public Law 96-510, 94 Stat. 2767.

"Corrective action." The term shall include the following:

(1) Containing, assessing or investigating a release.

(2) Removing a release or any material affected by a release.

(3) 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, waters of this Commonwealth, including surface water and groundwater, public and private property, shorelines, beaches, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.

(4) Taking actions to prevent, abate, mitigate or respond to a violation of this act that threatens public health or the environment.

(5) Temporarily or permanently relocating residents, providing alternative water supplies or undertaking an exposure assessment.

(6) Does not include the cost of routine inspections, routine investigations and permit activities not associated with a release.

"Department." The Department of Environmental Protection of the Commonwealth.

"Environmental Hearing Board." The board established pursuant to the act of July 13, 1988 (P.L. 530, No. 94), known as the Environmental Hearing Board Act.

"Environmental Media." Soil, sediment, surface water, groundwater, bedrock and air.

"Environmental Quality Board." The board established pursuant to section 1920-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, for the purposes set forth in that section.

"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, such factors as 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), the size of the community within the likely pathways of exposure and 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 such crops, livestock or livestock products if more than 50% of such processed or merchandised products are produced by the farm operator. "Crops, livestock and livestock products" include, but are not limited to:

(1) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.

(2) Fruits, including apples, peaches, grapes, cherries and berries.

(3) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.

(4) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

(5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs.

(6) Aquatic plants and animals and their by-products.

"Hazardous Liquid Pipeline Safety Act of 1979."Public Law 96-129, 93 Stat. 989, 49 U.S.C.§ 2001 et seq.

"Monitoring system." A system capable of detecting releases in connection with an aboveground or underground storage tank.

"Natural Gas Pipeline Safety Act of 1968."Public Law 90-481, 82 Stat. 720, 49 U.S.C. App.§ 1671 et seq.

"Operator." Any person who manages, supervises, alters, controls or has responsibility for the operation of a storage tank.

"Owner."

(1) In the case of a storage tank in use on the effective date of this act, or brought into use after that date, any person who owns or has an ownership interest in a storage tank used for the storage, containment, use or dispensing of regulated substances.

(2) In the case of an aboveground storage tank in use before the effective date of this act, but no longer in use on the effective date of this act, any person who owned the aboveground tank, immediately before the discontinuance of its use, as well as any person who meets the definition of owner in paragraph (1).

(3) 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.

"Person." Any 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 any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this act prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

"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.

"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:

(1) any substance defined as a hazardous substance in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( Public Law 96-510, 94 Stat. 2767), but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976 ( Public Law 94-580, 42 U.S.C.§ 6901 et seq.);

(2) petroleum, including crude oil or any fraction thereof and hydrocarbons which are liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other nonhazardous wastes and crude oils, gasoline and kerosene; or

(3) any other substance 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.

The term does not include the storage or use of animal waste in normal agricultural practices.

"Release." Any 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, 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 (62 Stat.1155, 33 U.S.C. § 1321 ) and regulations promulgated thereunder. The term shall also include 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.

"Resource Conservation and Recovery Act of 1976."Public Law 94-580, 42 U.S.C.§ 6901 et seq.

"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.

"Secretary." The Secretary of Environmental Protection of the Commonwealth.

"Small aboveground storage tank." Any aboveground storage tank having a capacity equal to or less than 21,000 gallons.

"Spill prevention response plan." Emergency plans and procedures developed by an aboveground storage tank or tank facility owner and/or operator for response to an accident or spill on the facility by facility personnel or contractors.

"Stationary tank." Any aboveground storage tank that is permanently affixed to the real property on which such tank is located.

"Storage tank." Any aboveground or underground storage tank which is used for the storage of any regulated substance.

"Storage tank facility." One or more stationary tanks, including any 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 this act, 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.

"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 tank or tank facility.

"Underground storage tank." Any one or combination of tanks (including underground pipes connected thereto) which are used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10% or more beneath the surface of the ground. The term shall not include:

(1) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

(2) 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.

(3) A septic or other subsurface sewage treatment tank.

(4) A pipeline facility (including gathering lines) regulated under:

(i) The Natural Gas Pipeline Safety Act of 1968 ( Public Law 90-481, 82 Stat. 720, 49 U.S.C. App.§ 1671 et seq.).

(ii) The Hazardous Liquid Pipeline Safety Act of 1979 (Public Law 96-129, 93 Stat. 989, 49 U.S.C.§ 2001 et seq.).

(5) An interstate or intrastate pipeline facility regulated under State laws comparable to the provisions of law in paragraph (4).

(6) Surface impoundments, pits, ponds or lagoons.

(7) Storm water or wastewater collection systems.

(8) Flow-through process tanks.

(9) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.

(10) 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.

(11) Except for tanks subject to the requirements of 40 CFR 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)), tanks regulated pursuant to the act of July 7, 1980 (P.L. 380, No. 97), known as 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.

(12) Any underground storage tank system whose capacity is 110 gallons or less.

(13) Any other tank excluded by policy or regulations promulgated pursuant to this act.

35 P.S. § 6021.103

Amended by P.L. TBD 2022 No. 34, § 1, eff. 7/7/2022.

1989, July 6, P.L. 169, No. 32, § 103, effective in 30 days. Amended 1995, June 26, P.L. 79, No. 16, § 1, effective in 60 days; 1996, May 10, P.L. 171, No. 34, § 1, effective in 60 days; 2001, Dec. 17, P.L. 914, No. 104, § 1, effective in 60 days; 2005, July 5, P.L. 97, No. 36, § 1, imd. effective.