The Environmental Quality Board (Board) proposes to amend Chapter 245 (relating to administration of the storage tank and spill prevention program). This proposed rulemaking mainly concerns amendments to Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties). This subchapter is commonly know as the “Corrective Action Process regulation” (CAP regulation).

This proposal was adopted by the Board at its meeting of June 20, 2000. These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.

The Department is proposing changes to the CAP regulation to harmonize its provisions with those of Act 2, yet maintaining a separate procedural system for corrective actions at regulated storage tank facilities. Changes to the CAP regulation were identified by the Department as necessary as part of its review of all regulations under the commands of the Department’s Regulatory Basics Initiative (RBI).

Several changes to the CAP regulation are required to harmonize the CAP regulation with Legislative changes to the Storage Tank Act. Several changes proposed in this rulemaking are simply the result of the experience of carrying out the corrective action program in this Commonwealth over the past 7 years.

Summary of Regulatory Requirements.

Definitions for the terms “background,” “cleanup or remediation,” “contaminant,” “property,” “remediation standard” and risk assessment” are proposed to be added as those terms are defined in either Act 2 or Chapter 250.

The definition of the term “reportable release” is proposed to be modified to match the Federal definition of the term.

The proposal replaces the hierarchical approach to spill or overfill amounts requiring reporting with a straight 25 gallon cutoff for petroleum releases and the CERCLA reportable quantity fro hazardous substance release. It should be noted that these amounts do not apply to underground releases, which must be reported regardless of the amount released.

Section 245.304. Investigation of suspected releases.

The proposal amends subsection (c) to clarify that corrective action must be initiated in addition to “reporting” a reportable release once a release is confirmed.

Section 245.305. Reporting releases.

This subsection is proposed to be modified to confirm to the Federal requirement of timely purporting of releases and allows owners and operators 24 hours to verbally notify the Department of reportable releases.

Section 245.306 Interim remedial actions.

Section 501(a)(13) of the Storage Tank Act requires the minimization of the amount of soil and subsurface material affected by a release by segregating the unaffected soil and subsurface material during removal of an underground storage tank from the material affected by a release.

Section 245.309. Site characterization.

The Department is proposing changes to this section to bring storage tank site characterizations in line with the requirements of Act 2.

This proposal also adds a paragraph (6) to indicate that the site characterization must provide sufficient information to allow selection of an Act 2 remediation standard.

Section 245.310. Site characterization report

The Department is proposing changes to this section to bring storage tank site characterization reports into line with the requirements of Act 2.

Subsection (b) affords the responsible party the opportunity to submit a site characterization report as the “final report,” when soil is the only media of concern and all contaminated soil has been excavated as and interim remedial action. Further, this subsection is intended to allow a “closure report” to serve as the final report in localized contamination situations. This 245.310(b) report is intended to be applicable only for use with the Act 2 Statewide health standard.

Section 245.311. Remedial action plan.

Subsection (a) describes the requirements for submission of a remedial action plan and provides a list of potential elements for the remedial action plan.

Section 54.312. Remedial action.

The proposal revises subsection (c) to indicate that remedial action progress reports are to show the progress toward attainment of the selected remediation standard (as opposed to cleanup levels established by the Department). A new paragraph (6) is proposed to be added to require specific information to be provided for fate and transport analyses.

The proposal makes two modifications to subsection (e)(2). The first is to require the responsible party to request and receive Department approval prior to termination of its approved remedial action plan. the second is to clarify that the new or modified remedial action plan is to include section of a new remediation standard.

Section 245.314. Professional seals.

This section is proposed to be added to require report submittals to be sealed by appropriated registered professionals where the practice of geology or engineering is performed.

Subchapter E. Technical Standards for Underground Storage Tanks.

Section 245.444. Methods of release detection for tanks.

Section 245.444(8) provides procedures and reporting requirements for conduction leak detection on underground storage tanks using the Statistical Inventory Reconciliation (SIR) method. This proposal changes the reporting requirement to 20 days, which should be achievable in this Commonwealth and is in line with those other states’ regulations.

(Pennsylvania Bulletin - 7/29/00)