On behalf of our clients, KU Resources submitted a clarification request to the Pennsylvania Department of Environmental Protection.
The main consideration is whether there is an exemption from the Amendment requirements for typical scenarios involving a “release” (as defined in the subject Amendment) to secondary containment, including double-wall tanks. Under this new amendment, a minor overfill, accident, leak, etc. to secondary containment of certain materials is now defined as a reportable release. The new Amendment provides no relief from the full regulatory notification and release response requirements for situations where minor leaks or spills occur which are fully contained within secondary containment, present no risk to the environment, and are cleaned up promptly without the need for external assistance.