Commonwealth of Pennsylvania Act 32: Storage Tank and Spill Prevention Act

Question 1

To meet the definition of an aboveground tank in Act 32, a tank must have a capacity greater than
________ gallons. (Act 32, Section 103 Definitions)

Answer 1

250

Question 2

What portion of a tank’s capacity must be above the surface of the ground for it to be considered an
aboveground tank? (Act 32, Section 103 Definitions)

Answer 2

90%

Question 3

Aboveground tanks are not included in the definition of aboveground storage tank if their capacity is 1,100
gallons or less and they are used for storing what products? (Act 32, Section 103, Definitions)
a) ____________ for noncommercial purposes or
b) __________________ c) and tanks located on a farm used solely to _______________.

Answer 3

a) Motor fuel
b) Motor oil
c) Store or contain substances that are used to facilitate the production of crops, livestock and livestock products on such farm.

Question 4

Aboveground tanks subject to other regulatory programs are not included in the definition of aboveground storage tank. What are the titles of four “Acts” that regulate certain aboveground tanks? (Act 32, Section 103 Definitions)

Answer 4

1) Natural Gas Pipeline Safety Act of 1968
2) Hazardous Liquid Pipeline Safety Act of 1979
3) Oil and Gas Act (Act of December 19, 1984)
4) Surface Mining Conservation and Reclamation Act (Act of May 31, 1945)
5) Federal Food, Drug, and Cosmetic Act
6) Solid Waste Management Act (Act of July 7, 1980)

Question 5

What is the definition of “substantial modification”? (Act 32, Section 103 Definitions)

Answer 5

An activity to construct, refurbish, restore or remove from service an existing storage tank piping or storage tank facility which alters the physical construction or integrity of the tank or tank facility.

Note: The term “substantial modification” should not be confused with the terms “major modification” and “minor modification” used in Chapter 245. Refer to the Chapter 245 section of this study guide for further clarification of these definitions.

Question 6

What is the primary function of the Storage Tank Advisory Committee (STAC)? (Act 32, Section 105)

Answer 6

Be consulted in the formation, drafting and presentation of all regulations promulgated under Act 32. Given a reasonable opportunity to review and comment on all regulations prior to their submission to the Environmental Quality Board for consideration.

Question 7

What authority does the Department of Environmental Protection (DEP) have with regard to corrective
action? (Act 32, Section 107, Powers and Duties of Department)

Answer 7

The department shall have the authority to order corrective action to be undertaken, to take corrective action or to authorize a third party to take corrective action.

Question 8

What enforcement power does DEP have if there is a violation of the requirements of Act 32? (Act 32, Section 107, Powers and Duties of the Department)

Answer 8

The department shall have the authority to issue orders, assess civil penalties, institute enforcement proceedings and prosecute violations of this act as deemed by the department to be necessary and appropriate.

Question 9

How often must registration fees for a regulated aboveground tank be paid? (Act 32, Section 303,
Registration)

Answer 9

Yearly

Question 10

Are DEP employees administering the certification program considered to be certified? (Act 32, Section 501, Underground Storage Tank Requirements)

Answer 10

All department employees administering this program shall be deemed certified while in the employment of the department.

Question 11

Who can legally install, modify or remove underground storage tanks? (Act 32, Section 501, Underground Storage Tank Requirements)

Answer 11

Underground storage tanks shall only be installed, modified and removed by a certified installer as provided by policy or regulations of the department.

Question 12

Who can legally inspect underground storage tanks? How often must underground tanks be inspected?
(Act 32, Section 501, Underground Storage Tank Requirements)

Answer 12

Underground storage tanks shall be inspected by certified inspectors prior to permitting and at a frequency thereafter established by the department as provided by regulations of the department.

Question 13

How often must registration fees for a regulated underground tank be paid? (Act 32, Section 502, Interim Requirements)

Answer 13

Until alternative fees are established by the department by regulation, an annual fee of $50 for each underground storage tank to be paid by owners of the underground storage tank is hereby established.

Question 14

What is the maximum penalty that DEP can assess if a person commits a summary offense? (Act 32, Section 1306, Civil Penalties)

Answer 14

$1,000 for each separate offense

Question 15

What is the maximum civil penalty that DEP can assess for each violation of Act 32? What happens if the violation continues for more than one day? (Act 32, Section 1307, Civil Penalties)

Answer 15

a) $10,000 per day for each violation

b) each day of violation shall constitute a separate violation

Question 16

What are six factors that DEP may consider in determining the amount of a civil penalty? (Act 32, Section 1307, Civil Penalties)

Answer 16

1) willfulness of the violation;
2) damage to air, water, land or
other natural resources of this Commonwealth or their uses;
3) cost of restoration and abatement;
4) savings resulting to the person in consequence of the violation;
5) deterrence of future violations;
6) other relevant factors.

Question 17

Act 32 creates a “rebuttable presumption” that a tank is the source of any contamination discovered within what distance from the tank? (Act 32, Section 1311, Presumption)

Answer 17

2,500 feet of the perimeter of the site of a storage tank containing or which contained a regulated substance of the type which caused the damage, contamination or pollution.

Note: The term “rebuttable presumption” means that the tank (and the tank owner) are considered responsible for causing nearby contamination until proven otherwise.

Question 18

Persons who wish to contest an order or other administrative act of DEP must file an appeal within how many days? (Act 32, Section 1313, Appealable Actions)

Answer 18

30 days

Question 19

How long after a violation of Act 32 is discovered can civil or criminal proceedings begin? (Act 32,
Section 1314, Limitation on Action)

Answer 19

20 years