1 Final Rulemaking - Chapter 245, Administration of the Storage Tank and Spill Prevention Program (Subchapters A-H) Environmental Quality Board Meeting June 19, 2007 Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management

2 Final Rulemaking - Chapter 245 Background Storage Tank Program established under provisions of Act 32 of 1989, as amended Underground Storage Tank Provisions Federal Regulations at 40 CFR, Part 280 Federal Energy Policy Act of 2005 Proposed Rule Published in Pennsylvania Bulletin April 22, 2006 Over 100 comments from 21 commentators Changes made to accommodate concerns Storage Tank Advisory Committee Report

3 Final Rulemaking - Chapter 245 Subchapter A - Key Issues Comprehensive Tank Registration Provisions Codifies current policy and procedures Registration/Operating Permit single application Additional Tanks Regulated Aboveground consumptive-use heating oil tanks Synthetic oils, biodiesel, silicone fluids, ethanol Phase-in provisions to meet Technical Standards

4 Final Rulemaking - Chapter 245 Subchapters B & C - Key Issues Installer/Inspector Certification Program Emphasis on training Standards of Performance provisions  Operating Permits Correlate w/Registration Routine operating permit issuance/withdrawal Product delivery prohibition  Simplifies Site-Specific Installation Permit Process New facilities w/only small aboveground tanks Large replacement aboveground tanks

5 Final Rulemaking - Chapter 245 Subchapter E - Key Issues Underground Storage Tank Inspections Routine on-site inspection every 3 years Relief from inspection during temporary closure Underground Storage Tank Systems New and replacement tank systems Double wall tanks and piping Sumps at piping junctures and under dispensers Monitoring to detect releases Automatic pump shut-off on new line leak detectors

6 Final Rulemaking - Chapter 245 Subchapters F & G - Key Issues Aboveground Storage Tank Inspections Internal tank linings Integrity determination and inspection intervals Address/remedy inspection findings Relief from inspection during temporary closure Aboveground Storage Tank Systems Upgrade deadlines (overfill alarm, tank gauge, and emergency containment) Engineering/design criteria and testing procedures Expanded variance options for new technologies

7 Summary of Final Rulemaking Addresses Federal Energy Act Requirements and Commentators Concerns Improves Third-party Inspection Program and Underground Tank System Compliance Prevents Releases of Regulated Substances Provides Needed Clarifications, Edits, and Reference Changes Recommend Board Approval to Publish as Final Rulemaking

8 Thank You Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management