[Added 12-7-2006 by Ord. No. O-06-19]
The following regulations shall apply to all new underground and aboveground storage tank systems and the replacement of such systems as required under § 82-11.2E:
A.
Scope. The standards and requirements established
in this chapter shall be in addition to local, state and federal requirements
and shall be applied through the use of appropriate current codes
of practice developed by nationally recognized associations, such
as American National Standards Institute (ANSI), American Petroleum
Institute (API), National Fire Protection Association (NFPA), Steel
Tank Institute (STI) and/or Underwriters' Laboratories (UL) and through
the use of manufacturer's specifications and sound engineering practices.
This chapter is not intended to supersede other local, state and federal
regulations or jurisdictional requirements when they are more restrictive
than the requirements in this chapter.
B.
Definitions.
(1)
Unless a contrary intention clearly appears,
the following words and phrases shall have the meanings given in this
subsection. All words and terms not defined herein shall be used with
a meaning of standard usage. Where a definition given herein conflicts
with those found in Chapter 245, Administration of the Storage Tank
and Spill Prevention Program, of the PA Code (25 PA Code § 245.1
et seq.), the stricter term shall prevail.
(2)
ABOVEGROUND STORAGE TANK (AST)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
ACT
ANCILLARY EQUIPMENT
CATHODIC PROTECTION
COMPATIBLE
CONSUMPTIVE USE
CONTAINMENT STRUCTURE/FACILITY
DE MINIMIS
EMERGENCY CONTAINMENT
LIQUID TRAP
PERMANENTLY AFFIXED
PIPE or PIPING
PRIMARY CONTAINMENT SYSTEM
PRODUCT TIGHT
REGULATED SUBSTANCE
(a)
(b)
(c)
(d)
RELEASE
SECONDARY CONTAINMENT SYSTEM
SMALL ABOVEGROUND STORAGE TANKS
STATIONARY TANK
STORAGE TANK
STORAGE TANK SYSTEM
TANK
UNDERGROUND AREA
UNDERGROUND STORAGE TANK (UST)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
As used in this chapter, the following terms
shall have the meanings indicated:
One or a combination of stationary tanks with a total 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 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. The term does not include the
following, or pipes connected thereto:
A tank of 1,100 gallons or less capacity used
for storing motor fuel or motor oil for noncommercial purposes.
A tank used for storing heating oil for consumptive
use on the premises where stored.
A surface impoundment, pit, pond, or lagoon.
A stormwater or wastewater collection system.
A flow-through process tank, including, but
not limited to, a pressure vessel and oil and water separators.
A nonstationary tank liquid trap or associated
gathering lines directly related to oil and gas production or gathering
operations.
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 Oil and Gas Act (58
P.S. §§ 601.101 through 601.605).
Tanks regulated under the Surface Mining Conservation
and Reclamation Act (52 P.S. §§ 1396.1 through 1396.31).
Tanks used for the storage of products which
are regulated under the Federal Food, Drug and Cosmetic Act (21 U.S.C.A.
§§ 6018.101 through 6018.1003).
Tanks regulated under the Solid Waste Management
Act (35 P.S. §§ 6018.101 through 6018.1003) including,
but not limited to, piping, tanks, collection and treatment systems
used for leachate, methane gas and methane gas condensate management.
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.
Tanks which are used to store propane gas.
Tanks containing radioactive materials or coolants
that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A.
§§ 2011 through 2297).
Tanks regulated under the Act of May 2, 1929
(P.L. 1513, No. 451), known as the "Boiler Regulation Law" (35 P.S.
§§ 1301 through 1500).
Equipment or machinery that contains regulated
substances for operational purposes, such as hydraulic lift tanks
and electrical equipment tanks.
A tank that contains a de minimis concentration
of regulated substances.
An emergency spill or overflow containment tank
that is expeditiously emptied after use.
Other tanks excluded by regulations promulgated
under the Act.
The Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101
through 6021.2104).
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.
A technique to prevent corrosion of a metal surface by making
that surface the cathode of an electrochemical cell.
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.
With respect to heating oil, that which is consumed on the
premises.
Anything built, installed or established which comes in contact
with regulated substances that are spilled, leaked, emitted, discharged,
escaped, leached or disposed from a storage tank or storage tank system.
The term includes, but is not limited to, a vault, dike, wall, building
or secondary containment structure around an underground or aboveground
storage tank, or any rock or other fill material placed around an
underground storage tank.
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 Material Safety Data Sheet (MSDS). The
term does not apply to Section 507 of the Act (35 P.S. § 6021.507)
as it pertains to site contamination.
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.
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.
Not able to be moved from its resting place by design or
which is connected to real property by piping or other structure.
A hollow cylinder or tubular conduit that is constructed
of nonearthen materials. This term(s) includes the associated fittings,
such as unions, elbows, tees and flexible joints.
The first level of containment, such as the portion of a
tank that comes into immediate contact on its inner surface with the
regulated substance.
Impervious to the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment structure.
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:
A substance defined as a hazardous substance
in Section 101(14) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.A. § 9601) 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
through 6931).
Petroleum, including crude oil or a fraction
thereof and hydrocarbons which are liquid at standard conditions of
temperature and pressure (60°F 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.
Other substances determined by the Pennsylvania
Department of Environmental Protection 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.
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.
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.
An aboveground storage tank having a capacity equal to or
less than 21,000 gallons.
An aboveground storage tank that is permanently affixed to
the real property on which the tank is located.
An aboveground or underground storage tank as defined herein
which is used for the storage of a regulated substance.
An underground or aboveground storage tank as defined herein,
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:
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.
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.
One or a 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 underground
pipes connected thereto) is 10% or more beneath the surface of the
ground. The term does not include:
Farm or residential tanks of 1,100 gallons or
less capacity used for storing motor fuel for noncommercial purposes.
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.
A septic or other subsurface sewage treatment
tank.
An interstate or intrastate pipeline facility regulated under state laws comparable to the provisions of law in Subsection (d).
Surface impoundments, pits, ponds or lagoons.
Stormwater or wastewater collection systems.
Flow-through process tanks.
Liquid traps or associated gathering lines directly
related to oil or gas production and gathering operations.
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.
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)].
An underground storage tank system with a capacity
of 110 gallons or less.
Tanks containing radioactive materials or coolants
that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A.
§§ 2011 through 2297).
A wastewater treatment tank system.
Equipment or machinery that contains regulated
substances for operational purposes, such as hydraulic lift tanks
and electrical equipment tanks.
An underground storage tank system that contains
a de minimis concentration of regulated substances.
An emergency spill or overflow containment underground
storage tank system that is expeditiously emptied after use.
An underground storage tank system that is part
of an emergency generator system at nuclear power generation facilities
regulated by the Nuclear Regulatory Commission under 10 CFR Part 50,
Appendix A (relating to general design criteria for nuclear power
plants).
Other tanks excluded by policy or regulations
promulgated under the Act.
C.
Secondary containment performance standards for storage
tank systems. In addition to federal, state and local regulation in
regards to storage tanks, all aboveground and underground storage
tank systems shall be designed and constructed to provide primary
and secondary levels of containment of the regulated substances using
the following methods:
(1)
Underground storage tanks and small aboveground
storage tanks shall have double-walled tanks and/or pipes with the
following requirements:
(a)
The UST or small AST shall be installed, calibrated,
operated and maintained in accordance with the manufacturer's instructions,
including routine maintenance and service checks for operability and
running condition.
(b)
The UST or small AST system shall be designed
and constructed with a continuous monitoring system capable of automatically
detecting the entry of the liquid- or vapor-phase of the regulated
substance stored in the primary containment in the secondary containment
and capable of shutting down the dispensing system upon such an intrusion.
(c)
The interstitial space of the underground storage
tank system shall be maintained under constant vacuum or pressure
such that a breach in the primary or secondary containment is detected
before the liquid or vapor phase of the regulated substance stored
in the underground storage tank is released into the environment.
Notwithstanding the foregoing, the following systems shall not need
to maintain the interstitial space under constant vacuum or pressure:
(d)
Primary and secondary containment shall be constructed,
operated and maintained product tight and compatible with the stored
product.
(2)
Aboveground storage tanks over 21,000 gallons
in capacity shall have secondary containment system pursuant to 25
PA Code § 245.542.
(3)
Piping and all other ancillary equipment which
comes into contact with a stored regulated substance shall be designed
and constructed using one of the following methods for secondary containment:
(a)
Double-walled piping designed and constructed pursuant to § 82-11.2C(1).
(b)
A secondary barrier system that meets the following
requirements:
[1]
The secondary barrier around the piping which
consists of artificially constructed material that is sufficiently
thick and impermeable (no more than 1 x 10-7 centimeters per second for water) to direct a release to an observation
well and allow its detection.
[2]
The barrier is compatible with the regulated
substance stored so that a release from the UST or AST system will
not cause a deterioration of the barrier allowing a release to pass
through undetected.
[3]
For cathodically protected piping, the secondary
barrier must be installed so that the secondary barrier does not interfere
with the proper operation of the cathodic protection system.
[4]
For single-walled piping, an observation well
that meets the following requirements must be located in the excavation
zone of the piping:
[a]
The observation well must be clearly
marked and secured to prevent damage and unauthorized access and tampering.
[b]
The slotted portion of the observation
well casing must be designed to prevent migration of natural soils
or filter pack into the well and to allow entry of regulated substance
on the accumulated water into the well under both high and low water
conditions.
[c]
The observation well must be sealed
from the ground surface to the top of the filter pack.
[d]
The continuous monitoring devices
or manual methods used can detect the presence of at least 1/8 of
an inch of free product on top of the accumulated water in the observation
well.
[e]
At least one observation well must
be placed downgradient of the piping or at the lowest point of the
piping excavation zone.
(4)
A combination of the two methods above may be
used as long as all portions of the underground or aboveground storage
tank system stay secondarily contained and monitored for a release.
D.
Methods of release detection. Storage tank systems
shall be continuously monitored to detect a release of a regulated
substance before it reaches the environment as follows:
(1)
All tanks required to be double-walled shall
detect by detecting a release through the inner wall in any portion
of the tank that routinely contains the product which will alert the
operator to the presence of a potential leak triggering an audible
or visual alarm requiring the operator to immediately inspect the
tank(s). If the prompt investigation of the alarm determines that
a leak has occurred, all regulated substances stored within said tank(s)
shall be removed from the affected tank(s). An annual test of the
operation of the leak detection system shall be conducted in accordance
with the manufacturer's requirements.
(2)
Aboveground storage tanks with a capacity over
21,000 gallons shall detect a leak pursuant to 25 PA Code § 245.543.
(3)
Release detection for piping shall utilize automatic
line leak detectors which alert the operator to the presence of a
leak by shutting off the flow of regulated substances through piping
and triggering an audible or visual alarm. In addition the automatic
line detectors shall be capable of detecting a leak of three gallons
per hour at 10 pounds per square inch line pressure within one hour.
An annual test of the operation of the leak detector shall be conducted
in accordance with the manufacturer's requirements.
(4)
All visual and audible alarms for release detection
equipment shall be located in normally occupied space. Normally occupied
space shall be that which is occupied for eight or more hours per
day and five days or more in any given week. If the visual and audible
alarms are located in an area not normally occupied then a remote
visual and audible alarm shall be required and located in a normally
occupied space.
E.
Existing storage tank systems. Existing storage tanks
in College Township shall be upgraded to include a secondary containment
system as follows:
F.
Exemptions. The following tanks shall be exempt from
the secondary containment performance standards established in this
section:
G.
Prohibited tanks. All tanks labeled for "indoor use
only" or with a similar label shall be prohibited from being located
outdoors and shall be sheltered from the elements in a proper fashion.
