§ 282.88 - Pennsylvania State-Administered Program.

§ 282.88 Pennsylvania State-Administered Program.

Cross Reference

Link to an amendment published at 89 FR 59843, July 24, 2024.

(a) The Commonwealth of Pennsylvania 's is approved to administer and enforce an underground storage tank program is approved in lieu of the Federal program in accordance with under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Pennsylvania's Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of this chapter. EPA approved the Pennsylvania's underground storage tank program on September 11, 2003, and approval was effective on September 11, 2003. A subsequent program revision application was approved by EPA and became effective on September 23, 2024.

(b) The Commonwealth Pennsylvania has primary responsibility for administering and enforcing its federally-approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with under any other applicable statutory and regulatory provisions.

(c) To retain program approval, the Commonwealth Pennsylvania must revise its approved program to adopt new changes to the Federal Subtitle I program that make which makes it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If the Commonwealth Pennsylvania obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.

(d) The Commonwealth Pennsylvania has final approval for the following elements of its program application originally submitted to EPA in the State's program application for final approval. On and approved on September 11, 2003, EPA published a rule approving the State's program in the Federal Register, 66 FR 53520. That approval became effective on and effective September 11, 2003. Copies of the Commonwealth's program application may be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Storage Tank Program, Rachel Carson State Office Building, Harrisburg, PA 17105-8762, and the program revision application submitted to EPA on March 24, 2022, and approved by EPA, effective on September 23, 2024.

(1) State statutes and regulations. —

(i) Incorporation by reference. The provisions cited in paragraph (d)(1)(i) of this section, and listed in appendix A to part 282, with the exception of the provisions cited in paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability of this information at the National Archives and Records Administration and at the EPA, see § 282.2(b). You may obtain copies of Pennsylvania's regulations and statutes that are incorporated by reference in this paragraph (d)(1) from Pennsylvania Department of Environmental Protection, Bureau of Environmental Cleanup and Brownfields, Rachel Carson State Office Building, 400 Market Street, 14th Floor, Harrisburg, PA 17101; phone number 1-800-428-2657 (within PA) or 1-717-772-5599 (outside of PA).

(A) Pennsylvania Statutory Requirements Applicable to the Underground Storage Tank Program, 2002December 2017.

(B) Pennsylvania Regulatory Requirements Applicable to the Underground Storage Tank Program, 2002December 2018.

(ii) Legal basis. EPA considered evaluated the following statutes and regulations in evaluating the State , which are part of the approved program, but did not incorporate them by reference.they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35 PS Section 6021.107 Powers and duties of department (insofar as paragraphs (b), (c), (e), and (f) grant the department enforcement authorities)

35 PS Section 6021 Ch. 13 Enforcement

, 35 P.S. Sections: 6021.106(a); 6021.107; 6021.503(b); 6021.505; 6021.1301-1315.

(2) Title 35. , Health and Safety; Chapter 44. Environmental Hearing Board Act, 35 P.S.

Section 7514 Jurisdiction

Sections 7511-7516.

(3) Title 71, Part I, Ch. 2, Article IV. Organization of Departmental Administrative Boards and Commissions and of Advisory Boards and Commissions, 71 P.S. Section 180-1 Environmental Quality Board (Adm. Code section 471).

(4) Title 71, Part I, Ch. 2, Article XIX-A. Powers and Duties of the Department of Environmental Resources, its Officers and Departmental and Advisory Boards and Commissions, 71 P.S.

Section

Sections: 510-17

Abatement of nuisances 71 P.S. Section

, 510-20

Environmental Quality Board

.

(B) The regulatory provisions include:

(1) Pennsylvania Code, Title 25, Part I, Subpart D, Article VI, Chapter 245 , Administration of the Storage Tank and Spill Prevention Programs

Section

Program, Sections: 245.

303 General

202; 245.203(f); 245.303.

(2) Pennsylvania Code Title 25, Chapter 1021 Practice and Procedure, Sections: 1021.81; 1021.122.

(3) Pennsylvania Rules of Civil Procedure

Pa R.C.P. Rule 2326 Definitions

Pa R.C.P. Rule 2327 Who May Intervene

Pa R.C.P. Rule 2328 Petition to Intervene

Pa R.C.P. Rule 2329 Action of Court on Petition

Pa R.C.P. Rule 2330 Practice

(iii) The

: 2326, 2327, 2328, 2329, 2330.

(iii) Provisions not incorporated by reference. With two exceptions, the following statutory and regulatory provisions are broader “broader in scope scope” than the Federal program, are not part of the approved program, and are not incorporated by reference herein. These provisions are not federally enforceable. In addition to the broader in scope provisions, one provision in statutory definition of “Underground storage tank” and one in the regulatory definition of “Underground storage tank” are not part of the approved program and are not incorporated by reference herein. These provisions are also not federally enforceable:

(A) The statutory provisions include: Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35

, PS

Section

Sections: 6021.103

Definitions (insofar

as

the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and insofar as certain classes of tanks excluded or deferred under the federal definition of “underground storage tank” are not excluded or deferred under the state definition)

35 PS Section 6021.106 Powers and duties of Environmental Quality Board (insofar as it addresses aboveground storage tanks)

35 PS Section 6021.107 Powers and duties of department (insofar as paragraph (d) establishes the Department's duties regarding a certification program)

35 PS Section 6021.108 Interim certification of installers and inspectors (insofar as the section establishes a certification program for installers and inspectors)

35 PS Section 6021 Ch 3 Aboveground storage tanks (insofar as the Chapter regulates aboveground storage tanks)

35 PS Section 6021.501 Underground storage tank requirements (insofar as subparagraph (a)(1) requires payment of registration fees; subparagraph (a)(8) sets forth permitting requirements; subparagraph (a)(12) addresses permitting; subparagraph (a)(15) regulates handlers of regulated substances; and paragraph (c) establishes a certified installer and inspector program)

35 PS Section 6021.502 Interim requirements and discontinued use (insofar as paragraph (a) establishes interim registration fees; and subparagraph (b)(5) requires tanks to be installed by a certified installer)

35 PS Section 6021.503 Registration (insofar as paragraph (a) requires payment of registration fees; paragraph (b) regulates selling, distributing, depositing, or filling unregistered underground storage tanks; and paragraph (c) establishes uses for registration fees)

35 PS Section 6021.504 Permits and plans

35 PS Section 6021.506 Small operator assistance program for underground storage tanks

35 PS Section 6021.507 Reimbursement for testing

35 PS Section 6021.702 Storage Tank Fund (insofar as paragraph (a) addresses aboveground storage tanks)

35 PS Section 6021.704 Underground Storage Tank Indemnification Fund (insofar as subparagraph (e)(3) addresses payment of fees)

35 PS Section 6021.705 Powers and duties of Underground Storage Tank Indemnification Board (insofar as paragraphs (d) and (e) address payment of fees)

35 PS Section 6021 Ch 9 Spill Prevention Response Plan

35 PS Section 6021 Ch 11 Siting of New Aboveground Storage Tank Facility and Regulations

35 PS Section 6021.2101 Start-up costs (insofar as it addresses aboveground storage tanks)

(B) The regulatory provisions include:

to the definitions of “Aboveground storage tank,” “Certified inspector,” “Small aboveground storage tank,” “Spill prevention and response plan,” “Stationary tank,” paragraph (13) of “Underground storage tank,” definitions of “Storage tank,” “Storage tank facility” and “Monitoring system” insofar as each definition includes aboveground storage tanks; paragraphs (1) and (2) of “Owner,” paragraph (3) of “Regulated substance;” 6021.105; 6021.106(b); 6021.108; 6021.110; 6021.301-306; 6021.501(a)(1), (a)(8), (a)(12), (a)(15), (c)(1), (c)(2) as to activities other than installation, (c)(3); 6021.502(a); 6021.503(a) as to fees and insofar as excludes tanks not excluded by the Federal program, (c); 6021.504; 6021.506-.507; 6021.701(a) insofar as includes aboveground storage tanks; 6021.702-.713; 6021.901-.904; 6021.1101-.1102, 6021.2101.

(B) Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs

Section 245.1 Definitions (insofar as the section addresses aboveground storage tanks; insofar as it encompasses a broader range of regulated substances; and insofar as it includes individuals that are not regulated under the federal program under its definition of “responsible party”)

Section 245.21 Tank handling and inspection requirements (insofar as the section imposes requirements on tank installers and addresses requirements for aboveground tanks)

Section 245.31 Underground storage tank tightness testing requirements (insofar as paragraph (a) requires Department certification for underground tightness testing installers)

Ch 245, Subch. B Certification Program for Installers and Inspectors of Storage Tanks and Storage Tank Facilities (insofar as the Subchapter establishes a certification program)

Ch 245, Subch. C Permitting of Underground and Aboveground Storage Tank Systems and Facilities (insofar as the Subchapter establishes a permitting program)

Section 245.305 Reporting releases (insofar as paragraph (h) addresses aboveground storage tanks)

Section 245.306 Interim remedial actions (insofar as subparagraph (b)(3) requires permits for treatment and disposal activities; and paragraph (d) regulates parties removing contaminated materials)

Section 245.411 Inspection frequency (insofar as the section addresses inspections by certified inspectors)

Section 245.424 Standards for new field constructed tank systems (insofar as the section sets forth requirements that exceed the federal requirements)

Section 245.425 Reuse of removed tanks (insofar as subparagraph (1) requires installation by a certified installer)

Section 245.434 Repairs allowed (insofar as subparagraph (1) requires repairs to be performed by a certified installer)

Section 245.441 General requirements for underground storage tank systems (insofar as subparagraph (

, Sections: 245.1 definitions of “Aboveground field constructed metallic storage tank,” “Aboveground manufactured metallic storage tank,” “Aboveground nonmetallic storage tank,” “Aboveground storage tank,” “Aboveground storage tank system,” “Certification categories,” “Certified company,” “Certified inspector,” “Certified installer” insofar as encompasses activities other than installation, “Environmental audit,” “In-service inspection,” “Large aboveground storage tank,” “Large aboveground storage tank facility,” “Nontank handling project activities,” “Out-of-service inspection,” subparagraphs (i) and (ii) of “Owner,” “Pressure vessel,” “Process vessel,” subparagraph (iii) of “Regulated substance,” “Responsible party” insofar as it includes persons who are not owners or operators of underground storage tanks, “Small aboveground storage tank,” “Spill prevention response plan,” “Stationary tank,” subparagraph (xvii) of “Underground storage tank,” “Underground vault,” and subparagraph (ii) of “Change-in-service,” “Consumptive use,” “Emergency containment,” “Monitoring system,” “Storage tank,” “Storage tank facility,” and “Storage tank system” insofar as each definition includes aboveground storage tanks; 245.21(a) insofar as includes aboveground storage tanks, (b), (c), and (d) insofar as references permits; 245.31(a) and (f) insofar as each requires tests or evaluations be performed by a Department-certified individual, (e); 245.41(a) and (e) insofar as each requires payment of fees, (b) insofar as includes aboveground storage tanks and excludes tanks not excluded by the Federal program, (c)(7), (d); 245.42; 245.43; 245.101-.142 (Subchapter B); 245.201-.237 (Subchapter C); 245.305(g); 245.306(b)(3) and (d); 245.411(a) as to certified inspector; 245.422(b)(1)(ii) as to certified tank liner; 245.423; 245.424(2); 245.425(5); 245.434(1); 245.436(c)(5); 245.441(a)(3)(i)

requires third-party verification;

and

subparagraph

(

a)(3)(ii) requires manufacturers to reevaluate methods within 24 months of EPA changes)

Ch 245, Subch. F Technical standards for Aboveground Storage Tanks and Facilities (insofar as the Subchapter addresses aboveground storage tanks)

Ch 245, Subch. G Simplified Program for Small Aboveground Storage Tanks (insofar as the Subchapter addresses aboveground storage tanks)

ii); 245.501-.562 (Subchapter F); 245.601-.618 (Subchapter G).

(2) Statement of legal authority.

(i)

“Attorney General's

Statement,”

Statement” signed by the

State

General Counsel and Attorney General on

October 1

January 27,

2002, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.(ii) Letter from the Attorney General of Pennsylvania to EPA, October 1, 2002,

2022, and February 14, 2022, respectively, though not incorporated by reference, is referenced as part of the approved underground storage tank program

in accordance with

under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” Enforcement Procedures” submitted as part of the original program revision application for approval on November 25March 24, 20022022, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program Descriptiondescription. The program description and any other material submitted as part of the original program revision application for approval on November 25March 24, 20022022, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 3 and the Pennsylvania Department of Environmental Protection, signed by the EPA Regional Administrator on August 22April 25, 20032019, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[71 89 FR 13770, Mar. 17, 200659843, July 24, 2024]