Current through Register Vol. 54, No. 44, November 2, 2024
(a) The owner or operator of a storage tank
system or storage tank facility shall initiate and complete an investigation of
a suspected release of a regulated substance as soon as practicable, but no
later than 7 days after the indication of a suspected release. An indication of
a suspected release includes one or more of the following conditions:
(1) The presence of a regulated substance or
an unusual level of vapors from a regulated substance outside of storage tank
system components designed to routinely contain or convey product, at or near a
storage tank facility.
(2) Evidence
of a regulated substance or vapors in soils, basements, sewer lines, utility
lines, surface water or groundwater in the surrounding area.
(3) Unusual operating conditions, indicative
of a release, such as the erratic behavior of product dispensing
equipment.
(4) The sudden or
unexpected loss of a regulated substance from a storage tank system or the
unexplained presence of water in a storage tank system.
(5) Test, sampling or monitoring results,
including the sounding of an alarm, from a release detection method which
indicate a release.
(6) The
discovery of holes in or damage to a storage tank system during activities such
as inspection, repair or removal from service.
(7) Other events, conditions or results which
may indicate a release.
(b) The investigation required by subsection
(a) shall include a sufficient number of the procedures outlined in this
subsection and be sufficiently detailed to confirm whether a release of a
regulated substance has occurred. The owner or operator shall investigate the
indication of a release by one or more of the following procedures:
(1) A check of product dispensing or other
similar equipment.
(2) A check of
release detection monitoring devices.
(3) A check of inventory records to detect
discrepancies.
(4) A visual
inspection of the storage tank system or the area immediately surrounding the
storage tank system.
(5) Testing of
the storage tank system for tightness or structural soundness.
(6) Sampling and analysis of soil, subsurface
soil and backfill, vapor, water or groundwater at a location where
contamination from a release would most likely be present.
(7) Other investigation procedures which may
be necessary to determine whether a release of a regulated substance has
occurred.
(c) Upon
completion of the investigation under subsection (a), the owner or operator
shall comply with one of the following requirements:
(1) Except as provided in §
245.305(i)
(relating to reporting releases), if the investigation confirms that a release
has occurred, the owner or operator shall report the release under §
245.305 and initiate corrective
action.
(2) If the investigation
cannot determine whether a release has occurred, the owner or operator shall
report the suspected release within 15 days of the indication of the suspected
release to the appropriate regional office of the Department on a form provided
by the Department.
(3) If the
investigation confirms that a release has not occurred, no further corrective
action is required except that the owner or operator shall completely recover
and remove the regulated substance. If removal of the regulated substance
cannot be accomplished within 24 hours, the owner or operator shall immediately
notify the appropriate regional office of the Department by telephone or
e-mail.
This section cited in 25 Pa. Code §
245.31 (relating to underground
storage tank system testing requirements); 25 Pa. Code §
245.309 (relating to site
characterization); 25 Pa. Code §
245.435 (relating to reporting and
recordkeeping); 25 Pa. Code §
245.444 (relating to methods of
release detection for tanks); 25 Pa. Code §
245.516 (relating to recordkeeping
requirements); 25 Pa. Code §
245.615 (relating to recordkeeping
requirements); 25 Pa. Code §
245.618 (relating to permanent
closure or change-in-service); and 25 Pa. Code §
977.34 (relating to claims
reporting).
