PADEP CHANGES REQUIREMENTS FOR AST EMERGENCY
CONTAINMENT STRUCTURES
The Pennsylvania Department of Environmental Protection is issuing a Guidance Document to carry out certain provisions of the Storage Tank Act and related regulations. Emergency containment structures are present around many existing above-ground storage tanks, although more recent tanks installed will typically have double-wall tanks as the industry trend is away from installing separate secondary containment areas around single-wall ASTs. Tank owners must ensure that emergency containment structures for existing above-ground storage tanks area properly maintained and evaluated to determine the integrity of the containment structure. Specific focus is on evaluating emergency containment structures for above-ground storage tanks installed on or before October 11, 1997. One requirement is that newly installed or replacement emergency containment structures or emergency containment structure for above-ground storage tanks installed after October 11, 1997 shall have a perimeter of less than 1 times 10-7 centimeters per second at anticipated hydrostatic head and be of sufficient thickness to prevent the released regulated substance from penetrating the containment structure for a minimum of 72 hours, until the release can be detected and recovered. For more information go to:
PADEP TECHNICAL GUIDANCE DOCUMENT:
PA BULLETIN
http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/ pabulletin/data/vol49/49-50/1858.html (published 12/14/2019)
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PADEP MANGANESE LIMIT BEING UPDATED
PADEP has worked with EPA on updating the limits for manganese and changes are proposed as follows:
DEP is proposing updates to 25 PA Code Chapter 93 as follows:
Delete the Public Water Supply (PWS) criterion of 1.0 mg/L from §93.7, Table 3
Add a Human Health criterion of 0.3 mg/L to §93.8c, Table 5
DEP is also proposing to change water quality protection requirements in 25 PA Code Chapter 96.3. Annex A includes language which supports two alternative points of compliance for the proposed manganese criterion.
The first alternative is to move the point of compliance to the point of all existing or planned surface potable water supply withdrawals. (This is the alternative that is consistent with Act 40, which was orchestrated by the coal industry.)
The second alternative is to maintain the existing point of compliance in all surface waters (i.e., at the point of discharge).
DEP is seeking public comment on both alternatives.
For a complete picture, the following are links to the proposed rulemaking:
(http://files.dep.state.pa.us/PublicParticipation/Public
%20Participation%20Center/PubPartCenterPortalFiles
/Environmental%20Quality%20Board/2019/December%2017/7-553_Mn_EQB%20Dec172019.pdf)
(http://files.dep.state.pa.us/PublicParticipation/Public%20
Participation%20Center/PubPartCenterPortalFiles/Environmental
%20Quality%20Board/2019/December%2017/7-553_WQS_Mn_Proposed/01_7-553_WQS_Mn_Proposed_ExecSum.pdf)
Preamble which explains DEP’s rationale.
(http://files.dep.state.pa.us/PublicParticipation/Public%20
Participation%20Center/PubPartCenterPortalFiles/Environmental
%20Quality%20Board/2019/December%2017/7-553_WQS_Mn_Proposed/02_7-553_WQS_Mn_Proposed_Preamble.pdf
(http://files.dep.state.pa.us/PublicParticipation/Public%20
Participation%20Center/PubPartCenterPortalFiles/Environmental
%20Quality%20Board/2019/December%2017/7-553_WQS_Mn_Proposed/03_7-553_WQS_Mn_Proposed_Annex_A.pdf)
Regulatory Analysis form which is required by law and supposedly justifies DEP’s actions. (http://files.dep.state.pa.us/PublicParticipation/Public%20
Participation%20Center/PubPartCenterPortalFiles/Environmental%
20Quality%20Board/2019/December%2017/7-553_WQS_Mn_Proposed/04_7-553_WQS_Mn_Proposed_RAF.pdf)
Human Health Rationale (http://files.dep.state.pa.us/PublicParticipation/Public%20PACA is recommending that you look at, or have your consultants look at, your NPDES permit applications for what Mn levels you may have reported as part of the NPDES permit application process. Also, if you have a monitor and report or a limit for manganese in your permit, you may want to look at your Discharge Monitoring Reports to determine if you will be able to meet the proposed manganese level. If you have no Mn data, we are also strongly recommending that you take two - four samples upstream and downstream of your discharge to be able to at least make the argument that any high manganese values are not from your discharge. These should be taken in different seasons to get an overall picture.
We thank Josie Gaskey of PACA for this important update.
MODIFICATIONS TO THE DEP AIR QUALITY PROGRAM IN PENNSYLVANIA
Modifications to the DEP Air Quality Program in Pennsylvania were announced and final form Rulemaking Air Quality Fees are being modified, and final form Rulemaking is expected in the fall of 2020.
Increases in the fee packages are significant and there are changes in annual operating maintenance fees. Other changes include changes in the definition of “synthetic minor facility” and there are Operating Permit modifications and associated permit fee increases as well. Requests for Determinations will now have fees that escalate in future years, however there is good news in that there is a small business exemption for the Request for Determinations.
More information can be found here:
Presentation http://files.dep.state.pa.us/Air/AirQuality/AQPortalFiles/
Advisory%20Committees/Air%20Quality%20Technical%20
Advisory%20Committee/2019/12-12-19/AQ%20Fees%20FRN%20PPt%20for%20AQTAC%20Dec%2012%202019.pdf
http://files.dep.state.pa.us/Air/AirQuality/AQPortalFiles
/Advisory%20Committees/Air%20Quality%20Technical%
20Advisory%20Committee/2019/12-12-19/AQ%20Fees%202019%20FRN%20AQTAC%20Draft%20
Annex%20A%20Dec%2012%202019.pdf
CO2 budget trading
http://files.dep.state.pa.us/Air/AirQuality/AQPortalFiles/Advisory
%20Committees/Air%20Quality%20Technical%20Advisory%20Committee/2019/12-12-9/AQTAC%20CO2%20Trading%20Program%20Regulation%20Concepts.pdf